L (Care Orders), Re [2014] EWCC B43 (Fam) (19 February 2014)

L (Care Orders), Re [2014] EWCC B43 (Fam) (19 February 2014)

The threshold criteria under section 31 of the Children Act 1989 are satisfied due to longstanding parental neglect, exposure to violence, failure to meet health and educational needs, and unsafe home conditions. Care orders for E and F are necessary and proportionate to safeguard their welfare. The application for D is adjourned to allow further consideration of a residence order with support for the proposed carer.

Citation
[2014] EWCC B43 (Fam)
Parties
Mother: B; Father: C; Applicant: Local Authority; Key Social Worker: K; Children's Guardian: J; Child: D; Child: E; Child: F; Proposed Carer for D: P
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Care Proceedings / Judgment on Application for Care Orders
Outcome
Care orders made for E and F; application for D adjourned.
Legal Topics
Care Orders, Parental Neglect, Child Welfare, Residence Order, Supervision Order
Family Law Child Protection Care Orders Parental Neglect Child Welfare Residence Order Supervision Order

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Parties

B

Mother

C

Father

Local Authority

Applicant

K

Key Social Worker

J

Children's Guardian

D

Child

E

Child

F

Child

P

Proposed Carer for D

Procedural Posture

Care Proceedings / Judgment on Application for Care Orders

Legal Issues

  1. 1 Whether threshold criteria under section 31 of the Children Act 1989 are met
  2. 2 Whether care orders should be made for E and F
  3. 3 Appropriate arrangements for D

Ratio Decidendi

The threshold criteria under section 31 of the Children Act 1989 are satisfied due to longstanding parental neglect, exposure to violence, failure to meet health and educational needs, and unsafe home conditions. Care orders for E and F are necessary and proportionate to safeguard their welfare. The application for D is adjourned to allow further consideration of a residence order with support for the proposed carer.

Court Disposition

Care orders made for E and F; application for D adjourned.

Orders

  • Care orders granted for E and F.
  • Contact with parents for E and F reduced to six times per year during school holidays.