Kent County Council v Z (Family Assistance Order or Supervision Order) [2017] EWFC B63 (18 July 2017)

Kent County Council v Z (Family Assistance Order or Supervision Order) [2017] EWFC B63 (18 July 2017)

Given the history of significant alcohol misuse, mental health issues, and previous failures to comply with agreements, the children's welfare requires a 12-month supervision order rather than a family assistance order. This provides necessary protection and support, is proportionate, and reflects the paramountcy of the children's welfare.

Citation
[2017] EWFC B63
Parties
Applicant: Kent County Council; Mother/respondent: XZ; Father/respondent: YZ; Children's Guardian: Ms Clarke
Jurisdiction
England and Wales
Judgment Date
18 July 2017
Procedural Posture
Public Law Children Proceedings / Final Hearing
Outcome
12-month supervision orders made for both children.
Legal Topics
Supervision Order, Family Assistance Order, Welfare Checklist, Alcohol Misuse, Parental Capacity, Section 31 Children Act 1989
Family Law Child Protection Supervision Order Family Assistance Order Welfare Checklist Alcohol Misuse Parental Capacity Section 31 Children Act 1989

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Parties

Kent County Council

Applicant

XZ

Mother/respondent

YZ

Father/respondent

Ms Clarke

Children's Guardian

Procedural Posture

Public Law Children Proceedings / Final Hearing

Legal Issues

  1. 1 Whether to make a supervision order or family assistance order for the children
  2. 2 Appropriate duration of any order (6 or 12 months)
  3. 3 Whether threshold criteria under Section 31 Children Act 1989 are met

Ratio Decidendi

Given the history of significant alcohol misuse, mental health issues, and previous failures to comply with agreements, the children's welfare requires a 12-month supervision order rather than a family assistance order. This provides necessary protection and support, is proportionate, and reflects the paramountcy of the children's welfare.

Court Disposition

12-month supervision orders made for both children.

Orders

  • 12-month supervision order for A
  • 12-month supervision order for B