LA v DG & Ors [2013] EWHC 734 (Fam) (01 February 2013)

LA v DG & Ors [2013] EWHC 734 (Fam) (01 February 2013)

The threshold criteria for care orders under s.31 Children Act 1989 are satisfied due to chronic neglect and significant harm suffered by all six children, both past and prospective. The parents, despite intensive support, are unable to provide good enough care to meet the children's physical and emotional needs. The welfare of the children requires care orders, with long-term foster placements for the older three and adoption for the younger three, as per the revised Local Authority care plans. The court rejects the parents' and Slovakian Central Authority's proposals for return to Slovakia, finding the children's welfare is best served by remaining in the UK.

Citation
[2013] EWHC 734 (Fam)
Parties
Applicant: LA; 1st Respondent: DG; 2nd Respondent: JT; 3rd – 8th Respondents: X, Y, Z, A, B, C (children) by the Children's Guardian
Jurisdiction
England and Wales
Judgment Date
01 February 2013
Procedural Posture
Care and Placement Orders (children Act 1989) / Final Hearing
Outcome
Care orders granted for all six children; placement orders granted for younger three children; revised care plans endorsed.
Legal Topics
Care Orders, Placement Orders, Neglect, Threshold Criteria, Welfare Checklist, International Jurisdiction, Roma Community, Sibling Contact, Adoption, Foster Care
Family Law Child Protection International Law Care Orders Placement Orders Neglect Threshold Criteria Welfare Checklist +5 more

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Parties

LA

Applicant

DG

1st Respondent

JT

2nd Respondent

X, Y, Z, A, B, C (children) by the Children's Guardian

3rd – 8th Respondents

Procedural Posture

Care and Placement Orders (children Act 1989) / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for care and placement orders
  2. 2 Whether the welfare of the children requires care orders and adoption/foster placement
  3. 3 Whether the children should be returned to Slovakia or remain in the UK

Ratio Decidendi

The threshold criteria for care orders under s.31 Children Act 1989 are satisfied due to chronic neglect and significant harm suffered by all six children, both past and prospective. The parents, despite intensive support, are unable to provide good enough care to meet the children's physical and emotional needs. The welfare of the children requires care orders, with long-term foster placements for the older three and adoption for the younger three, as per the revised Local Authority care plans. The court rejects the parents' and Slovakian Central Authority's proposals for return to Slovakia, finding the children's welfare is best served by remaining in the UK.

Court Disposition

Care orders granted for all six children; placement orders granted for younger three children; revised care plans endorsed.

Orders

  • Care orders for X, Y, Z, A, B, and C
  • Placement orders for A, B, and C