W (A Child: Emotional Harm), Re [2020] EWFC B19 (14 May 2020)

W (A Child: Emotional Harm), Re [2020] EWFC B19 (14 May 2020)

Threshold criteria under s31(2) Children Act 1989 are satisfied as H was beyond parental control at the relevant date. Findings on disputed facts are limited to those informing expert opinion. No evidence supports a diagnosis of FASD/ARND; expert evidence relying on parental report is unreliable. Care order is appropriate and proportionate given H's circumstances and best interests.

Citation
[2020] EWFC B19
Parties
Applicant: Local Authority; Subject Child: H; Respondents: Parents of H
Jurisdiction
England and Wales
Judgment Date
14 May 2020
Procedural Posture
Care Order Application / Final Hearing
Outcome
Care order granted
Legal Topics
Care Orders, Threshold Criteria, Emotional Harm, Expert Evidence, Diagnosis Disputes
Family Law Child Protection Care Orders Threshold Criteria Emotional Harm Expert Evidence Diagnosis Disputes

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Parties

Local Authority

Applicant

H

Subject Child

Parents of H

Respondents

Procedural Posture

Care Order Application / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s31(2) Children Act 1989 are satisfied
  2. 2 Whether H has suffered emotional harm in the care of her parents
  3. 3 Validity of FASD/ARND diagnosis

Ratio Decidendi

Threshold criteria under s31(2) Children Act 1989 are satisfied as H was beyond parental control at the relevant date. Findings on disputed facts are limited to those informing expert opinion. No evidence supports a diagnosis of FASD/ARND; expert evidence relying on parental report is unreliable. Care order is appropriate and proportionate given H's circumstances and best interests.

Court Disposition

Care order granted

Orders

  • Care order made in respect of H
  • Findings limited to disputed facts informing expert opinion