S (A Child), Re (Placement with Father)

S (A Child), Re (Placement with Father)

The court found that the father is able to provide good enough parenting for S with support, while the mother is not able to do so due to her mental health and inability to prioritise S’s needs. The evidence, particularly the Z assessment unit’s parenting assessment, demonstrated that S’s welfare would be best served by remaining in her father’s care under a 12-month supervision order, with a clear support plan and supervised contact with her mother. No level of support would enable the mother to provide adequate care. The orders made are necessary and proportionate to safeguard S’s welfare.

Parties
Applicant: Local Authority 1 (LA1); First Respondent: The Mother; Second Respondent: The Father; Third Respondent: S (acting through her Children’s Guardian Amy Allebone-Salt); Interested Party: Local Authority 2 (LA2)
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Children Act 1989 Public Law Proceedings / Final Hearing and Judgment
Outcome
Supervision order for 12 months in favour of LA2; child arrangements order that S lives with her father; supervised contact with mother as per LA2 plan.
Legal Topics
Child Arrangements, Supervision Order, Parental Responsibility, Welfare of the Child, Threshold Criteria, Care Proceedings
Family Law Child Law Child Arrangements Supervision Order Parental Responsibility Welfare of the Child Threshold Criteria Care Proceedings

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Parties

Local Authority 1 (LA1)

Applicant

The Mother

First Respondent

The Father

Second Respondent

S (acting through her Children’s Guardian Amy Allebone-Salt)

Third Respondent

Local Authority 2 (LA2)

Interested Party

Procedural Posture

Children Act 1989 Public Law Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether S should live with her mother or father
  2. 2 Whether a supervision order should be made and for what duration
  3. 3 Whether the proposed support plan meets S’s needs

Ratio Decidendi

The court found that the father is able to provide good enough parenting for S with support, while the mother is not able to do so due to her mental health and inability to prioritise S’s needs. The evidence, particularly the Z assessment unit’s parenting assessment, demonstrated that S’s welfare would be best served by remaining in her father’s care under a 12-month supervision order, with a clear support plan and supervised contact with her mother. No level of support would enable the mother to provide adequate care. The orders made are necessary and proportionate to safeguard S’s welfare.

Court Disposition

Supervision order for 12 months in favour of LA2; child arrangements order that S lives with her father; supervised contact with mother as per LA2 plan.

Orders

  • Supervision order for 12 months designating LA2 as supervising authority
  • Child arrangements order that S lives with her father