C and D (Children) [2020] EWFC B42 (OJ) (11 August 2020)

C and D (Children) [2020] EWFC B42 (OJ) (11 August 2020)

Threshold criteria under s.31(2) Children Act 1989 are clearly met; both children suffered significant harm and are at risk due to parental substance misuse, domestic violence, neglect, and exposure to criminal behaviour. However, removal from mother's care and Placement Order for adoption are not necessary or proportionate at this stage. The welfare checklist and expert evidence indicate the mother is in early stages of positive change, separation from father is established, and risks can be managed with support and supervision. The Local Authority's plan for removal and adoption is not approved; a Supervision Order is more appropriate to safeguard the children's welfare while supporting...

Citation
[2020] EWFC B42 (OJ)
Parties
Applicant: Local Authority; First Respondent: Mother (M); Second Respondent: Father (F); Intervener: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 August 2020
Procedural Posture
Care and Placement Order Applications / Final Hearing
Outcome
Care Order application granted; Placement Order application dismissed; children remain with mother under Supervision Order.
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Domestic Violence, Substance Misuse, Mental Health, Welfare Checklist, Adoption, Article 8 ECHR
Family Law Child Protection Human Rights Care Orders Placement Orders Threshold Criteria Domestic Violence Substance Misuse +4 more

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Parties

Local Authority

Applicant

Mother (M)

First Respondent

Father (F)

Second Respondent

Children's Guardian

Intervener

Procedural Posture

Care and Placement Order Applications / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for Care Order
  2. 2 Whether Placement Order should be granted under Adoption and Children Act 2002
  3. 3 Whether removal of children from mother's care is necessary and proportionate

Ratio Decidendi

Threshold criteria under s.31(2) Children Act 1989 are clearly met; both children suffered significant harm and are at risk due to parental substance misuse, domestic violence, neglect, and exposure to criminal behaviour. However, removal from mother's care and Placement Order for adoption are not necessary or proportionate at this stage. The welfare checklist and expert evidence indicate the mother is in early stages of positive change, separation from father is established, and risks can be managed with support and supervision. The Local Authority's plan for removal and adoption is not approved; a Supervision Order is more appropriate to safeguard the children's welfare while supporting...

Court Disposition

Care Order application granted; Placement Order application dismissed; children remain with mother under Supervision Order.

Orders

  • Local Authority's Placement Order application dismissed
  • Local Authority's care plan for removal not approved