KCC v S & B (Supervision Order breached : EPO required) [2015] EWFC B107 (13 April 2015)

KCC v S & B (Supervision Order breached : EPO required) [2015] EWFC B107 (13 April 2015)

The court found that the cumulative evidence of the mother’s emotional instability, the father’s obstruction, repeated police interventions, and the frustration of Local Authority access to the child established a real and immediate risk of significant harm to B. The requirements for an Emergency Protection Order...

Source-derived case information.

Citation
[2015] EWFC B107
Parties
Applicant: Kent County Council; Respondent: KS (Mother); Respondent: JB (Father); Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
13 April 2015
Procedural Posture
Application for Emergency Protection Order / Ex Tempore Judgment at First Instance
Outcome
Emergency Protection Order granted
Legal Topics
Emergency Protection Order, Supervision Order, Child Welfare, Significant Harm, Access to Child, Parental Responsibility
Family Law Child Protection Emergency Protection Order Supervision Order Child Welfare Significant Harm Access to Child Parental Responsibility

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Parties

Kent County Council

Applicant

KS (Mother)

Respondent

JB (Father)

Respondent

Guardian

Guardian

Procedural Posture

Application for Emergency Protection Order / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 Whether there is reasonable cause to believe the child B is likely to suffer significant harm if returned to the mother's care
  2. 2 Whether the Supervision Order has been breached and access to the child frustrated, justifying an Emergency Protection Order

Ratio Decidendi

The court found that the cumulative evidence of the mother’s emotional instability, the father’s obstruction, repeated police interventions, and the frustration of Local Authority access to the child established a real and immediate risk of significant harm to B. The requirements for an Emergency Protection Order under Section 44(1)(a)(i) of the Children Act 1989 were satisfied.

Court Disposition

Emergency Protection Order granted

Orders

  • Emergency Protection Order for eight days granted under Section 44(1)(a)(i) Children Act 1989
  • Contact arrangements to be made for the mother to see B