Lancashire County Council v M & Ors

Lancashire County Council v M & Ors

It is obvious on the evidence that the threshold criteria for a care order are not met; the harm or risk of harm to W arises from the high-pressure context, not parental failure. Continued public law intervention is not justified. Permission to withdraw the care proceedings is granted, and the Human Rights Act claim falls away as a result.

Parties
Applicant: Lancashire County Council; 1st Respondent: M; 2nd Respondent: F; Intervenor: W (a Child, acting by his Children’s Guardian); Intervener: Lancashire and South Cumbria Integrated Care Board
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Care Proceedings (children Act 1989) / Application to Withdraw Care Proceedings
Outcome
Permission to withdraw care proceedings granted; interim care order discharged; Human Rights Act claim falls away.
Legal Topics
Care Orders, Withdrawal of Proceedings, Threshold Criteria, Article 8 ECHR, Human Rights Act 1998, Parental Responsibility
Family Law Child Law Human Rights Care Orders Withdrawal of Proceedings Threshold Criteria Article 8 ECHR Human Rights Act 1998 +1 more

Case Brief

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Parties

Lancashire County Council

Applicant

M

1st Respondent

F

2nd Respondent

W (a Child, acting by his Children’s Guardian)

Intervenor

Lancashire and South Cumbria Integrated Care Board

Intervener

Procedural Posture

Care Proceedings (children Act 1989) / Application to Withdraw Care Proceedings

Legal Issues

  1. 1 Whether the threshold criteria under Section 31(2) Children Act 1989 are met
  2. 2 Whether the Local Authority should be granted permission to withdraw care proceedings
  3. 3 Whether the welfare of the child requires continued public law intervention

Ratio Decidendi

It is obvious on the evidence that the threshold criteria for a care order are not met; the harm or risk of harm to W arises from the high-pressure context, not parental failure. Continued public law intervention is not justified. Permission to withdraw the care proceedings is granted, and the Human Rights Act claim falls away as a result.

Court Disposition

Permission to withdraw care proceedings granted; interim care order discharged; Human Rights Act claim falls away.

Orders

  • Care proceedings withdrawn
  • Interim care order discharged