F (Care and Placement Orders) [2018] EWFC B43 (30 July 2018)

F (Care and Placement Orders) [2018] EWFC B43 (30 July 2018)

The court found that the threshold criteria under s.31 Children Act 1989 were met due to significant harm suffered and risked by all four children as a result of domestic abuse, physical and emotional harm, and the mother's inability to protect them from F1 and the maternal grandfather. The mother was found to be dishonest, lacking insight, and unable to safeguard the children. No family placement could safely meet the children's needs. The welfare of each child required their removal from the mother's care. For A, long-term foster care with her current carers was in her best interests. For G, MM, and R, adoption as single children was necessary and proportionate, as professional...

Citation
[2018] EWFC B43
Parties
Applicant: Local Authority; Respondent Mother: M (Mother); Respondent Father of a: F2 (Father of A); Respondent Father of G, MM and R: F1 (Father of G, MM, and R); Respondent Children: A, G, MM, R (Children)
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Care and Placement Proceedings (public Law) / Final Hearing and Judgment
Outcome
Care Orders made for all four children; Placement Orders made for G, MM, and R; A to remain in long-term foster care.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare Checklist
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Welfare Checklist

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Parties

Local Authority

Applicant

M (Mother)

Respondent Mother

F2 (Father of A)

Respondent Father of a

F1 (Father of G, MM, and R)

Respondent Father of G, MM and R

A, G, MM, R (Children)

Respondent Children

Procedural Posture

Care and Placement Proceedings (public Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are met for making care orders for four children.
  2. 2 Whether placement orders for adoption should be made for the three youngest children.
  3. 3 Whether the children should be separated and placed individually, including the lawfulness and proportionality of such separation.

Ratio Decidendi

The court found that the threshold criteria under s.31 Children Act 1989 were met due to significant harm suffered and risked by all four children as a result of domestic abuse, physical and emotional harm, and the mother's inability to protect them from F1 and the maternal grandfather. The mother was found to be dishonest, lacking insight, and unable to safeguard the children. No family placement could safely meet the children's needs. The welfare of each child required their removal from the mother's care. For A, long-term foster care with her current carers was in her best interests. For G, MM, and R, adoption as single children was necessary and proportionate, as professional...

Court Disposition

Care Orders made for all four children; Placement Orders made for G, MM, and R; A to remain in long-term foster care.

Orders

  • Care Order for A, G, MM, and R in favour of the local authority.
  • Placement Orders for G, MM, and R authorising adoption searches and placements as single children.