Z (A Child : Production Orders) [2017] EWFC B92 (06 July 2017)

Z (A Child : Production Orders) [2017] EWFC B92 (06 July 2017)

There are reasonable grounds for believing that Z is suffering, and is likely to suffer, significant harm due to drug withdrawal at birth, the mother's imprisonment, and the absence of suitable alternative carers. The father's lack of assessment, drug use, and mental health concerns further justify immediate...

Source-derived case information.

Citation
[2017] EWFC B92
Parties
Applicant: Kent County Council; Mother: X; Father: Y
Jurisdiction
England and Wales
Judgment Date
06 July 2017
Procedural Posture
Family Court Interim Care Order Application / Interim Hearing Following Initial Order and Application to Set Aside
Outcome
Interim Care Order granted; previous Interim Care Order set aside due to procedural unfairness.
Legal Topics
Interim Care Orders, Section 20 Children Act 1989, Parental Responsibility, Production Orders, Proportionality, Human Rights (article 6, Article 8)
Family Law Child Protection Interim Care Orders Section 20 Children Act 1989 Parental Responsibility Production Orders Proportionality Human Rights (article 6, Article 8)

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Summary, issues, holding and outcome

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Parties

Kent County Council

Applicant

X

Mother

Y

Father

Procedural Posture

Family Court Interim Care Order Application / Interim Hearing Following Initial Order and Application to Set Aside

Legal Issues

  1. 1 Whether the threshold for an Interim Care Order under Section 38 of the Children Act 1989 is met
  2. 2 Whether it is proportionate to make an Interim Care Order where a parent offers Section 20 consent
  3. 3 Correct procedure and form for Production Orders for prisoners in family proceedings

Ratio Decidendi

There are reasonable grounds for believing that Z is suffering, and is likely to suffer, significant harm due to drug withdrawal at birth, the mother's imprisonment, and the absence of suitable alternative carers. The father's lack of assessment, drug use, and mental health concerns further justify immediate separation. Section 20 consent is insufficient due to the father's non-agreement and the need for the Local Authority to share parental responsibility. An Interim Care Order is necessary and proportionate to safeguard Z's welfare.

Court Disposition

Interim Care Order granted; previous Interim Care Order set aside due to procedural unfairness.

Orders

  • Set aside Interim Care Order dated 24th April due to procedural unfairness to the mother.
  • Granted new Interim Care Order for Z to remain in foster care until final determination.