D and E Children, Re[2014] EWFC B85 (13 May 2014)

D and E Children, Re[2014] EWFC B85 (13 May 2014)

The threshold for making care orders under s.31 Children Act 1989 is met. The children have suffered and are likely to suffer significant harm due to the mother's physical and emotional abuse, neglect, and reckless conduct (including the 'window incident'). The mother's capacity to change is limited and unlikely to meet the children's needs within their timescales. The children's welfare requires long-term foster placement with limited contact.

Citation
[2014] EWFC B85
Parties
Mother / Respondent: A; Father / Respondent: B; Applicant: Local Authority; Children's Guardian: MS
Jurisdiction
England and Wales
Judgment Date
13 May 2014
Procedural Posture
Care Proceedings (public Law) / Final Hearing and Judgment
Outcome
Care orders granted for both children; children to be placed together in long-term foster care with limited contact to mother.
Legal Topics
Care Orders, Significant Harm Threshold, Parental Responsibility, Emotional Abuse, Physical Abuse, Neglect, Contact Arrangements, Children Act 1989
Family Law Child Protection Care Orders Significant Harm Threshold Parental Responsibility Emotional Abuse Physical Abuse Neglect +2 more

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Parties

A

Mother / Respondent

B

Father / Respondent

Local Authority

Applicant

MS

Children's Guardian

Procedural Posture

Care Proceedings (public Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for making care orders under s.31 Children Act 1989 is met
  2. 2 Whether the children have suffered or are likely to suffer significant harm attributable to the care given by the mother
  3. 3 Whether specific findings of physical and emotional abuse, neglect, and the 'window incident' are made out

Ratio Decidendi

The threshold for making care orders under s.31 Children Act 1989 is met. The children have suffered and are likely to suffer significant harm due to the mother's physical and emotional abuse, neglect, and reckless conduct (including the 'window incident'). The mother's capacity to change is limited and unlikely to meet the children's needs within their timescales. The children's welfare requires long-term foster placement with limited contact.

Court Disposition

Care orders granted for both children; children to be placed together in long-term foster care with limited contact to mother.

Orders

  • Care orders made under s.31 Children Act 1989 for D and E.
  • Children to be placed together in long-term foster placement.