A, B, C & D (Children), Re [2019] EWFC B32 (14 June 2019)

A, B, C & D (Children), Re [2019] EWFC B32 (14 June 2019)

Care orders are necessary for A, B, and C as they cannot safely return to parental care. Placement orders for adoption are refused because the welfare of the children does not require severing family ties; long-term foster care with current carers is preferable given the risks of further disruption and the strength of existing attachments. For D, a special guardianship order is granted to Mr and Mrs Y (current carers) as her welfare is best served by maintaining her primary attachment and continuity of care, rather than moving her to paternal relatives with whom she has little established relationship.

Citation
[2019] EWFC B32
Parties
Mother: M; Father of A, B, C: F1; Father of D: F2; Applicant: Local Authority; Proposed Kinship Carers for D: Mr and Mrs X; Current Foster Carers and SGO Applicants for D: Mr and Mrs Y; Current Foster Carers for A, B, C: Mr and Mrs Z; Social Worker: SW; Children's Guardian: CG
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Care and Placement Order Proceedings (public Law, Children) / Final Hearing and Judgment
Outcome
Care orders made for A, B, and C; placement orders for adoption refused; special guardianship order granted to Mr and Mrs Y for D; declaration of parentage and parental responsibility granted to F2 for D; D's surname to be changed as requested.
Legal Topics
Care Orders, Placement Orders, Special Guardianship Orders, Adoption, Welfare of the Child, Parental Responsibility, Kinship Care, Foster Care, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Special Guardianship Orders Adoption Welfare of the Child Parental Responsibility +3 more

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Parties

M

Mother

F1

Father of A, B, C

F2

Father of D

Local Authority

Applicant

Mr and Mrs X

Proposed Kinship Carers for D

Mr and Mrs Y

Current Foster Carers and SGO Applicants for D

Mr and Mrs Z

Current Foster Carers for A, B, C

SW

Social Worker

CG

Children's Guardian

Procedural Posture

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

Legal Issues

  1. 1 Whether care and placement orders should be made for A, B, and C
  2. 2 Whether D should remain with current foster carers (Mr and Mrs Y) under a special guardianship order or be placed with paternal relatives (Mr and Mrs X)
  3. 3 Whether the threshold for public law intervention is met

Ratio Decidendi

Care orders are necessary for A, B, and C as they cannot safely return to parental care. Placement orders for adoption are refused because the welfare of the children does not require severing family ties; long-term foster care with current carers is preferable given the risks of further disruption and the strength of existing attachments. For D, a special guardianship order is granted to Mr and Mrs Y (current carers) as her welfare is best served by maintaining her primary attachment and continuity of care, rather than moving her to paternal relatives with whom she has little established relationship.

Court Disposition

Care orders made for A, B, and C; placement orders for adoption refused; special guardianship order granted to Mr and Mrs Y for D; declaration of parentage and parental responsibility granted to F2 for D; D's surname to be changed as requested.

Orders

  • Care orders for A, B, and C to local authority
  • Refusal of placement orders for A, B, and C