S (neglect - long term foster care) [2018 EWFC B38 (02 July 2018)

S (neglect - long term foster care) [2018 EWFC B38 (02 July 2018)

The threshold for intervention under section 31 Children Act 1989 was met due to persistent neglect, inadequate hygiene, poor home conditions, lack of boundaries, and failure to meet the children's complex and special needs, resulting in significant harm or risk of harm. Despite some improvements, the changes were not sustained, and the parents lacked capacity to provide consistent, safe care. The welfare of the children required care orders for the three boys with a plan for foster care, and a supervision order for AS to remain at home.

Citation
[2014] EWHC 270
Parties
Applicant: Local Authority; First Respondent: ES (Mother); Second Respondent: FS (Father); Child (subject): AS; Child (subject): BS; Child (subject): DS; Child (subject): CS
Jurisdiction
England and Wales
Judgment Date
02 July 2018
Procedural Posture
Care and Supervision Proceedings / Final Hearing and Judgment
Outcome
Care orders made for BS, DS, and CS placing them in foster care; supervision order made for AS to remain at home.
Legal Topics
Care Orders, Supervision Orders, Parental Neglect, Threshold Criteria, Welfare of the Child
Family Law Child Protection Care Orders Supervision Orders Parental Neglect Threshold Criteria Welfare of the Child

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Parties

Local Authority

Applicant

ES (Mother)

First Respondent

FS (Father)

Second Respondent

AS

Child (subject)

BS

Child (subject)

DS

Child (subject)

CS

Child (subject)

Procedural Posture

Care and Supervision Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for making care or supervision orders under section 31 Children Act 1989 is met
  2. 2 Whether it is necessary and proportionate to remove the children from parental care
  3. 3 What orders best promote the welfare of the children

Ratio Decidendi

The threshold for intervention under section 31 Children Act 1989 was met due to persistent neglect, inadequate hygiene, poor home conditions, lack of boundaries, and failure to meet the children's complex and special needs, resulting in significant harm or risk of harm. Despite some improvements, the changes were not sustained, and the parents lacked capacity to provide consistent, safe care. The welfare of the children required care orders for the three boys with a plan for foster care, and a supervision order for AS to remain at home.

Court Disposition

Care orders made for BS, DS, and CS placing them in foster care; supervision order made for AS to remain at home.

Orders

  • Care orders for BS, DS, and CS with plan for long-term foster care
  • Supervision order for AS for twelve months (as recommended by guardian)