A & B (Children), Re [2021] EWFC B28 (31 March 2021)

A & B (Children), Re [2021] EWFC B28 (31 March 2021)

The court found that the threshold for care orders was met for both children due to significant harm arising from parental neglect, substance misuse, failure to engage with support, and, in Child A's case, the risk of sexual harm from Father B. The parents had not demonstrated sufficient change or insight. A final care order was made for both children. For Child B, a placement order was granted with a 12-month search for adopters, failing which long-term foster care would be considered. For Child A, the care order was made with recognition of her age and likely future autonomy, but overnight contact was not supported at present due to ongoing risk.

Citation
[2021] EWFC B28
Parties
Applicant: Local Authority; Respondent/mother of Child B, Sister of Child a: Mother B; Respondent/father of Child B, Partner of Mother B: Father B; Subject Child (aged 16), Maternal Aunt of Child B, Sister of Mother B: Child A; Subject Child (aged 2 Years 5 Months), Son of Mother B and Father B: Child B; Respondent/father of Child a: Father A
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Care Proceedings (public Law) / Final Hearing
Outcome
Final care orders granted for both children; placement order granted for Child B with 12-month search for adopters.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Risk of Harm, Neglect, Sexual Risk, Learning Disability, Substance Misuse
Family Law Child Protection Public Law Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria +5 more

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Parties

Local Authority

Applicant

Mother B

Respondent/mother of Child B, Sister of Child a

Father B

Respondent/father of Child B, Partner of Mother B

Child A

Subject Child (aged 16), Maternal Aunt of Child B, Sister of Mother B

Child B

Subject Child (aged 2 Years 5 Months), Son of Mother B and Father B

Father A

Respondent/father of Child a

Procedural Posture

Care Proceedings (public Law) / Final Hearing

Legal Issues

  1. 1 Whether threshold for care orders is met for Child A and Child B
  2. 2 Whether Father B poses a sexual risk to Child A
  3. 3 Whether Child B should be placed for adoption or long-term foster care

Ratio Decidendi

The court found that the threshold for care orders was met for both children due to significant harm arising from parental neglect, substance misuse, failure to engage with support, and, in Child A's case, the risk of sexual harm from Father B. The parents had not demonstrated sufficient change or insight. A final care order was made for both children. For Child B, a placement order was granted with a 12-month search for adopters, failing which long-term foster care would be considered. For Child A, the care order was made with recognition of her age and likely future autonomy, but overnight contact was not supported at present due to ongoing risk.

Court Disposition

Final care orders granted for both children; placement order granted for Child B with 12-month search for adopters.

Orders

  • Final care order for Child A
  • Final care order for Child B