O and T (Children: Supervision Order) [2021] EWFC B84 (17 December 2021)

O and T (Children: Supervision Order) [2021] EWFC B84 (17 December 2021)

The threshold for public law orders is met due to past significant harm and risk of emotional harm from parental conflict and exposure to domestic abuse. However, both parents have demonstrated insight, commitment to change, and capacity to provide adequate care. The Local Authority's plan for adoption is...

Source-derived case information.

Citation
[2021] EWFC B84
Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father; Intervener: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Care and Placement Order Proceedings (public Law) / Final Judgment
Outcome
Care and Placement Orders refused; Child Arrangements Order and Supervision Order granted
Legal Topics
Care Orders, Placement Orders, Adoption, Domestic Abuse, Parental Responsibility, Child Welfare, Threshold Criteria, Proportionality, Judicial Continuity, Disability and Parenting
Family Law Child Protection Human Rights Care Orders Placement Orders Adoption Domestic Abuse Parental Responsibility +5 more

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Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Children's Guardian

Intervener

Procedural Posture

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

Legal Issues

  1. 1 Whether the threshold for public law orders under s31(2) Children Act 1989 is met
  2. 2 Whether the welfare of the children requires a Care Order, Placement Order, or alternative order
  3. 3 Whether adoption is a proportionate response to the risks identified

Ratio Decidendi

The threshold for public law orders is met due to past significant harm and risk of emotional harm from parental conflict and exposure to domestic abuse. However, both parents have demonstrated insight, commitment to change, and capacity to provide adequate care. The Local Authority's plan for adoption is disproportionate and not in the children's best interests. The welfare of the children requires a transition back to parental care with protective measures and oversight, not adoption.

Court Disposition

Care and Placement Orders refused; Child Arrangements Order and Supervision Order granted

Orders

  • Transition of children to parents' care over 21-28 days
  • Child Arrangements Order: children to live with both parents (joint 'lives with' order)