D & Ors (care proceedings) [2024] EWFC 30 (B) (01 February 2024)

D & Ors (care proceedings) [2024] EWFC 30 (B) (01 February 2024)

The threshold for making care orders under section 31 Children Act 1989 is met: the children suffered significant harm due to neglect, poor dental care, lack of supervision, exposure to domestic abuse, and physical chastisement. Despite the mother's progress, she has not demonstrated sufficient insight or change to...

Source-derived case information.

Citation
[2024] EWFC 30 (B)
Parties
Subject Children: D, F, G and H (children); Respondent Mother: Mother; Respondent Father: Father; Applicant: Local Authority; Guardian: Children's Guardian (Natalie Allen)
Jurisdiction
England and Wales
Judgment Date
01 February 2024
Procedural Posture
Care Proceedings (public Law) / Final Judgment
Outcome
Care orders granted for all four children to remain in long-term foster care.
Legal Topics
Care Orders, Neglect, Physical Abuse, Emotional Harm, Threshold Criteria, Welfare Checklist, Parental Responsibility, Foster Care, Domestic Abuse, Children Act 1989
Family Law Child Protection Care Orders Neglect Physical Abuse Emotional Harm Threshold Criteria Welfare Checklist +4 more

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Parties

D, F, G and H (children)

Subject Children

Mother

Respondent Mother

Father

Respondent Father

Local Authority

Applicant

Children's Guardian (Natalie Allen)

Guardian

Procedural Posture

Care Proceedings (public Law) / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31 Children Act 1989 are met for making care orders for D, F, G and H
  2. 2 Whether it is safe and in the children's best interests to return to their mother's care or remain in long-term foster care

Ratio Decidendi

The threshold for making care orders under section 31 Children Act 1989 is met: the children suffered significant harm due to neglect, poor dental care, lack of supervision, exposure to domestic abuse, and physical chastisement. Despite the mother's progress, she has not demonstrated sufficient insight or change to ensure the children's safety. The welfare of the children requires that they remain in long-term foster care, as returning to their mother's care would expose them to further harm. The orders sought are necessary and proportionate to safeguard the children's welfare.

Court Disposition

Care orders granted for all four children to remain in long-term foster care.

Orders

  • Care orders made in respect of D, F, G and H.
  • Children to remain in long-term foster care placements as per local authority care plans.