R (A Parent with disabilities) 2024, Re

R (A Parent with disabilities) 2024, Re

The threshold criteria under section 31(2) Children Act 1989 is met. R's chronic health conditions, neurodiverse profile, and unresolved trauma significantly limit her ability to provide consistent and adequate care for A. Despite extensive efforts, support packages have not been sustainable or acceptable to R,...

Source-derived case information.

Parties
Applicant: Leicestershire County Council; First Respondent: R; Second Respondent: A (Child)
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Care Proceedings (public Law) / Final Judgment
Outcome
Final Care Order granted. A to remain in long-term foster care with FC. Local Authority to share parental responsibility.
Legal Topics
Care Orders, Parental Disability, Child Welfare, Threshold Criteria, Contact Arrangements, Support Services, Attachment Theory
Family Law Child Protection Disability Law Care Orders Parental Disability Child Welfare Threshold Criteria Contact Arrangements +2 more

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Parties

Leicestershire County Council

Applicant

R

First Respondent

A (Child)

Second Respondent

Procedural Posture

Care Proceedings (public Law) / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under section 31(2) Children Act 1989 is met for making a Care Order
  2. 2 Whether the mother (R), given her disabilities and support needs, can provide adequate care for A
  3. 3 Whether the Local Authority and Adult Social Care provided and offered sufficient support

Ratio Decidendi

The threshold criteria under section 31(2) Children Act 1989 is met. R's chronic health conditions, neurodiverse profile, and unresolved trauma significantly limit her ability to provide consistent and adequate care for A. Despite extensive efforts, support packages have not been sustainable or acceptable to R, resulting in inconsistent care and risk of unintentional neglect. A's welfare requires more than good enough parenting; she needs highly attuned, consistent care, which R cannot provide even with support. A Care Order placing A with FC is necessary and proportionate to safeguard her welfare.

Court Disposition

Final Care Order granted. A to remain in long-term foster care with FC. Local Authority to share parental responsibility.

Orders

  • Care Order made for A to remain with FC as long-term foster carer.
  • Supervised direct contact between A and R at minimum once per month, with fortnightly video contact and indirect contact (letters/cards) in between, to be reviewed under Looked After Children process.