RBC v W & N [2015] EWFC B61 (29 May 2015)

RBC v W & N [2015] EWFC B61 (29 May 2015)

Threshold criteria are met for both children due to parental incapacity, neglect, poor home conditions, lack of engagement, and risk of harm. Kinship placements are ruled out as not meeting children's complex needs. Sibling separation is justified due to differing developmental needs and trauma relationship. Care order for KN with plan for long-term therapeutic foster care; placement order for CN with plan for adoption.

Citation
[2015] EWFC B61
Parties
Mother: CW; Father of KN: JGN; Alleged Father of CN: SB; Paternal Aunt of KN: SN; Maternal Aunt of CN: AW; Applicant: Local Authority; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
29 May 2015
Procedural Posture
Care and Placement Order Proceedings / Final Hearing
Outcome
Care orders granted for KN and CN; placement order granted for CN; children not to be placed with parents or kinship carers; sibling separation approved.
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Kinship Care, Adoption, Welfare Checklist
Family Law Child Protection Care Orders Placement Orders Threshold Criteria Kinship Care Adoption Welfare Checklist

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Parties

CW

Mother

JGN

Father of KN

SB

Alleged Father of CN

SN

Paternal Aunt of KN

AW

Maternal Aunt of CN

Local Authority

Applicant

Guardian

Children's Guardian

Procedural Posture

Care and Placement Order Proceedings / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under section 31(2) Children Act 1989 are met
  2. 2 Whether care orders and placement orders should be made for KN and CN
  3. 3 Whether children should be placed with parents, kinship carers, or outside family

Ratio Decidendi

Threshold criteria are met for both children due to parental incapacity, neglect, poor home conditions, lack of engagement, and risk of harm. Kinship placements are ruled out as not meeting children's complex needs. Sibling separation is justified due to differing developmental needs and trauma relationship. Care order for KN with plan for long-term therapeutic foster care; placement order for CN with plan for adoption.

Court Disposition

Care orders granted for KN and CN; placement order granted for CN; children not to be placed with parents or kinship carers; sibling separation approved.

Orders

  • Care order for KN
  • Care order for CN