LBH v SM & Ors [2014] EWFC B83 (23 May 2014)

LBH v SM & Ors [2014] EWFC B83 (23 May 2014)

The threshold for making a care order was met due to the parents' inability, despite their best efforts and extensive support, to provide adequate care, resulting in significant harm to the children. The children's marked improvement in foster care demonstrated the previous neglect. Long-term foster care was necessary and proportionate, and weekly direct and twice-weekly telephone contact with parents was in the children's best interests.

Citation
[2014] EWFC B83
Parties
Mother: SM; Father: EM; Child: MM; Child: PM; Children's Guardian: Claudia Gross; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Care Proceedings / Final Hearing
Outcome
Care order made for both children.
Legal Topics
Care Orders, Parental Responsibility, Threshold Criteria, Welfare Evaluation, Contact Arrangements
Family Law Child Protection Care Orders Parental Responsibility Threshold Criteria Welfare Evaluation Contact Arrangements

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Parties

SM

Mother

EM

Father

MM

Child

PM

Child

Claudia Gross

Children's Guardian

Local Authority

Applicant

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether the threshold for making a care order under s.31 Children Act 1989 is met
  2. 2 Whether long-term foster care is in the best interests of the children
  3. 3 Appropriate level of parental contact post-care order

Ratio Decidendi

The threshold for making a care order was met due to the parents' inability, despite their best efforts and extensive support, to provide adequate care, resulting in significant harm to the children. The children's marked improvement in foster care demonstrated the previous neglect. Long-term foster care was necessary and proportionate, and weekly direct and twice-weekly telephone contact with parents was in the children's best interests.

Court Disposition

Care order made for both children.

Orders

  • Full care order in respect of both children.
  • Children to remain in foster care until suitable long-term placement is found.