WBC v A [2016] EWFC B70 (05 October 2016)

WBC v A [2016] EWFC B70 (05 October 2016)

Threshold under section 31(2)(b)(ii) Children Act 1989 is met where a child is suffering or likely to suffer significant harm attributable to being beyond parental control, regardless of whether parental fault or culpability is established; the court must consider threshold even if all parties agree to no order, unless the applicant seeks permission to withdraw.

Citation
[2016] EWFC B70
Parties
Child: RA; Adoptive Mother: CA; Adoptive Father: KA; Applicant: Local Authority; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
05 October 2016
Procedural Posture
Public Law Child Care Proceedings / Final Judgment on Threshold and Welfare
Outcome
No order made; threshold criteria found met under section 31(2)(b)(ii) Children Act 1989.
Legal Topics
Care Orders, Threshold Criteria, Parental Control, Welfare Checklist, Children Act 1989
Family Law Child Protection Care Orders Threshold Criteria Parental Control Welfare Checklist Children Act 1989

Case Brief

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Parties

RA

Child

CA

Adoptive Mother

KA

Adoptive Father

Local Authority

Applicant

Guardian

Guardian

Procedural Posture

Public Law Child Care Proceedings / Final Judgment on Threshold and Welfare

Legal Issues

  1. 1 Whether threshold criteria under section 31(2)(b)(ii) Children Act 1989 are met where harm is attributable to child being beyond parental control and not to parental fault
  2. 2 Whether the court must consider threshold where all parties agree to no order
  3. 3 Interpretation of 'attributable to' and requirement (or not) of parental culpability under section 31(2)(b)(ii)

Ratio Decidendi

Threshold under section 31(2)(b)(ii) Children Act 1989 is met where a child is suffering or likely to suffer significant harm attributable to being beyond parental control, regardless of whether parental fault or culpability is established; the court must consider threshold even if all parties agree to no order, unless the applicant seeks permission to withdraw.

Court Disposition

No order made; threshold criteria found met under section 31(2)(b)(ii) Children Act 1989.

Orders

  • No care or supervision order made; support to be provided under a Child in Need Plan.