R-H (Special Gurdianship Order) [2018] EWFC B53 (06 September 2018)

R-H (Special Gurdianship Order) [2018] EWFC B53 (06 September 2018)

The threshold criteria under s.31 Children Act 1989 are met: the child suffered and was at risk of significant harm due to neglect arising from the mother's diminished mental and physical health. The local authority's care plan for rehabilitation to the mother was speculative, inadequately planned, and not in the child's best interests given the mother's history of non-engagement and lack of robust assessment. The child's welfare requires stability and permanence, best achieved by a Special Guardianship Order in favour of the paternal great aunt, supported by a Supervision Order and structured contact for the mother.

Citation
[2018] EWFC B53
Parties
Applicant: LA; Respondent Mother: M (Mother); Respondent Father: F (Father); Respondent Paternal Great Aunt: PGA (Paternal Great Aunt); Respondent Child: I (Child)
Jurisdiction
England and Wales
Judgment Date
06 September 2018
Procedural Posture
Care Order Application (public Law, Child Protection) / Final Hearing and Judgment
Outcome
Special Guardianship Order in favour of the paternal great aunt (PGA), supported by a 12-month Supervision Order; structured contact for the mother; no unsupervised contact for other family members without risk assessment; final order subject to completion and agreement of financial assessment for PGA.
Legal Topics
Care Orders, Special Guardianship Orders, Supervision Orders, Threshold Criteria, Parental Responsibility, Neglect, Delay in Proceedings
Family Law Child Protection Care Orders Special Guardianship Orders Supervision Orders Threshold Criteria Parental Responsibility Neglect +1 more

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Parties

LA

Applicant

M (Mother)

Respondent Mother

F (Father)

Respondent Father

PGA (Paternal Great Aunt)

Respondent Paternal Great Aunt

I (Child)

Respondent Child

Procedural Posture

Care Order Application (public Law, Child Protection) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for making a care order
  2. 2 Whether the child has suffered or is at risk of suffering significant harm attributable to parental care
  3. 3 What final order is in the best interests of the child: rehabilitation to mother, placement with paternal great aunt, or other arrangement

Ratio Decidendi

The threshold criteria under s.31 Children Act 1989 are met: the child suffered and was at risk of significant harm due to neglect arising from the mother's diminished mental and physical health. The local authority's care plan for rehabilitation to the mother was speculative, inadequately planned, and not in the child's best interests given the mother's history of non-engagement and lack of robust assessment. The child's welfare requires stability and permanence, best achieved by a Special Guardianship Order in favour of the paternal great aunt, supported by a Supervision Order and structured contact for the mother.

Court Disposition

Special Guardianship Order in favour of the paternal great aunt (PGA), supported by a 12-month Supervision Order; structured contact for the mother; no unsupervised contact for other family members without risk assessment; final order subject to completion and agreement of financial assessment for PGA.

Orders

  • Special Guardianship Order made in favour of PGA
  • 12-month Supervision Order to local authority