The Local Authority v F & Anor [2023] EWFC 142 (02 June 2023)

The Local Authority v F & Anor [2023] EWFC 142 (02 June 2023)

The threshold for care orders is met due to established and admitted substance misuse, neglect, and risk of significant harm to the children, particularly as revealed by the circumstances of J's death and the parents' inability to provide consistent, safe care. The mother's application for adjournment and further...

Source-derived case information.

Citation
[2023] EWFC 142
Parties
Applicant: Local Authority; First Respondent: F (Mother); Second Respondent: G (Father of B, C, D); Subject Child: A (Child); Subject Child: B (Child); Subject Child: C (Child); Subject Child: D (Child); Applicant for Special Guardianship: E (Paternal Grandmother); Children's Guardian: I (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
02 June 2023
Procedural Posture
Care and Placement Orders; Special Guardianship / Final Hearing and Judgment
Outcome
Care orders made for A, B, and C; placement order made for D; special guardianship order made for B and C in favour of E; application for adjournment and further expert evidence refused.
Legal Topics
Care Orders, Placement Orders, Special Guardianship Orders, Substance Misuse, Neglect, Threshold Criteria, Expert Evidence, Delay and Welfare, Sibling Contact
Family Law Child Protection Care Orders Placement Orders Special Guardianship Orders Substance Misuse Neglect Threshold Criteria +3 more

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Parties

Local Authority

Applicant

F (Mother)

First Respondent

G (Father of B, C, D)

Second Respondent

A (Child)

Subject Child

B (Child)

Subject Child

C (Child)

Subject Child

D (Child)

Subject Child

E (Paternal Grandmother)

Applicant for Special Guardianship

I (Children's Guardian)

Children's Guardian

Procedural Posture

Care and Placement Orders; Special Guardianship / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for care orders is met under s.31 Children Act 1989
  2. 2 Whether a placement order should be made for D
  3. 3 Whether a special guardianship order should be made for B and C in favour of E

Ratio Decidendi

The threshold for care orders is met due to established and admitted substance misuse, neglect, and risk of significant harm to the children, particularly as revealed by the circumstances of J's death and the parents' inability to provide consistent, safe care. The mother's application for adjournment and further expert evidence is refused as unnecessary and contrary to the children's welfare due to delay. The welfare of each child requires care orders for A, B, and C, a placement order for D, and a special guardianship order for B and C in favour of E. Contact should be more frequent than proposed by the Local Authority, as recommended by the Guardian.

Court Disposition

Care orders made for A, B, and C; placement order made for D; special guardianship order made for B and C in favour of E; application for adjournment and further expert evidence refused.

Orders

  • Care orders for A, B, and C
  • Placement order for D