Kent County Council v X & Ors

Kent County Council v X & Ors

A care order is necessary and proportionate due to the exceptional circumstance that maintaining the placement with the mother requires suspension of direct contact with the father, and only the legal responsibility and oversight of a care order fully meets the children's needs during this fragile transition. The threshold criteria are met, and the welfare checklist supports placement with the mother, with indirect contact and therapeutic work for B. Supervision order is insufficient given the complexity and risk.

Parties
Applicant: Kent County Council; First Respondent: X; Second Respondent: Y; Third Respondent: Z; Fourth, Fifth and Sixth Respondents: A, B and C (through their children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 June 2025
Procedural Posture
Care and Supervision Proceedings / Final Judgment
Outcome
Care order made for B and C; placement with mother; father's contact suspended; father's contact application dismissed; non-molestation orders made against both parents for 12 months; prohibited steps order not granted.
Legal Topics
Care Orders, Supervision Orders, Child Arrangements, Contact, Domestic Abuse, Substance Misuse, Parental Responsibility, Special Guardianship, Non Molestation Orders, Prohibited Steps Orders
Family Law Child Protection Care Orders Supervision Orders Child Arrangements Contact Domestic Abuse Substance Misuse +4 more

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Parties

Kent County Council

Applicant

X

First Respondent

Y

Second Respondent

Z

Third Respondent

A, B and C (through their children’s Guardian)

Fourth, Fifth and Sixth Respondents

Procedural Posture

Care and Supervision Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria for care/supervision order are met
  2. 2 Appropriate placement and contact arrangements for B and C
  3. 3 Whether a care order or supervision order is necessary and proportionate

Ratio Decidendi

A care order is necessary and proportionate due to the exceptional circumstance that maintaining the placement with the mother requires suspension of direct contact with the father, and only the legal responsibility and oversight of a care order fully meets the children's needs during this fragile transition. The threshold criteria are met, and the welfare checklist supports placement with the mother, with indirect contact and therapeutic work for B. Supervision order is insufficient given the complexity and risk.

Court Disposition

Care order made for B and C; placement with mother; father's contact suspended; father's contact application dismissed; non-molestation orders made against both parents for 12 months; prohibited steps order not granted.

Orders

  • Care order for B and C
  • Placement of B and C with mother