T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication) [2018] EWFC B1 (5 January 2018)

T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication) [2018] EWFC B1 (5 January 2018)

The court finds that T is suffering and likely to suffer significant harm attributable to being beyond parental control due to his complex needs and impairment, which cannot be managed in a home environment. The threshold criteria under section 31(2) Children Act 1989 are satisfied. The local authority's care plan is necessary and proportionate. Arrangements at X unit amount to deprivation of liberty and require authorization. Administration of risperidone and melatonin is of such gravity that court authorization is required given M's opposition.

Citation
[2018] EWFC B1
Parties
Child: T; Mother: M; Father: F; Applicant: Local Authority; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
05 January 2018
Procedural Posture
Care Order and Declarations Under Inherent Jurisdiction / Final Hearing
Outcome
Care order granted; declarations made under inherent jurisdiction authorizing deprivation of liberty and administration of medication.
Legal Topics
Care Orders, Deprivation of Liberty, Parental Responsibility, Threshold Criteria, Administration of Medication, Best Interests of Child
Family Law Child Protection Care Orders Deprivation of Liberty Parental Responsibility Threshold Criteria Administration of Medication Best Interests of Child

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Parties

T

Child

M

Mother

F

Father

Local Authority

Applicant

Children's Guardian

Guardian

Procedural Posture

Care Order and Declarations Under Inherent Jurisdiction / Final Hearing

Legal Issues

  1. 1 Whether section 31(2) threshold criteria are satisfied for making a care order
  2. 2 Whether T is beyond parental control or suffering significant harm attributable to care
  3. 3 Impact of T's impairment on parental control

Ratio Decidendi

The court finds that T is suffering and likely to suffer significant harm attributable to being beyond parental control due to his complex needs and impairment, which cannot be managed in a home environment. The threshold criteria under section 31(2) Children Act 1989 are satisfied. The local authority's care plan is necessary and proportionate. Arrangements at X unit amount to deprivation of liberty and require authorization. Administration of risperidone and melatonin is of such gravity that court authorization is required given M's opposition.

Court Disposition

Care order granted; declarations made under inherent jurisdiction authorizing deprivation of liberty and administration of medication.

Orders

  • Care order in respect of T
  • Declaration authorizing deprivation of T's liberty at X unit