P (permission to withdraw care proceedings), Re [2016] EWFC B2 (26 January 2016)

P (permission to withdraw care proceedings), Re [2016] EWFC B2 (26 January 2016)

Permission to withdraw proceedings is granted because, on the current evidence, it is unlikely the local authority could prove the threshold criteria under s.31(2) Children Act 1989. There is no evidence of parental culpability or that harm suffered by T. is attributable to her being beyond parental control.

Citation
[2016] EWFC B2
Parties
Applicant: Local Authority; 1st Respondent: Adoptive Mother; 2nd Respondent: Adoptive Father; Subject Child: T.
Jurisdiction
England and Wales
Judgment Date
26 January 2016
Procedural Posture
Care Proceedings / Application for Withdrawal of Proceedings
Outcome
Permission to withdraw care proceedings granted.
Legal Topics
Care Proceedings, Threshold Criteria, Withdrawal of Proceedings, Parental Responsibility, Mental Health and Children
Family Law Child Protection Care Proceedings Threshold Criteria Withdrawal of Proceedings Parental Responsibility Mental Health and Children

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Parties

Local Authority

Applicant

Adoptive Mother

1st Respondent

Adoptive Father

2nd Respondent

T.

Subject Child

Procedural Posture

Care Proceedings / Application for Withdrawal of Proceedings

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met for making a care order or supervision order
  2. 2 Whether the proceedings should be withdrawn on welfare grounds or due to lack of threshold evidence
  3. 3 Whether harm suffered by the child is attributable to being beyond parental control

Ratio Decidendi

Permission to withdraw proceedings is granted because, on the current evidence, it is unlikely the local authority could prove the threshold criteria under s.31(2) Children Act 1989. There is no evidence of parental culpability or that harm suffered by T. is attributable to her being beyond parental control.

Court Disposition

Permission to withdraw care proceedings granted.

Orders

  • Permission for the mother to disclose this judgment to her professional care body.
  • A transcript of the judgment to be placed on T's social services file.