BCP v M (Failure to Comply with Direction; Family Placement) [2021] EWFC B26 (15 April 2021)

BCP v M (Failure to Comply with Direction; Family Placement) [2021] EWFC B26 (15 April 2021)

There is no evidential basis for excluding the paternal aunt as a carer; the Local Authority's objections are unsupported. The Local Authority's failure to comply with the previous court order regarding information and support for the aunt has prevented immediate placement. Placement with the aunt is appropriate and should proceed urgently once compliance is achieved.

Citation
[2021] EWFC B26
Parties
Child: M; Applicant: Local Authority; Respondents: Parents; Proposed Carer/intervener: Ms H (Paternal Aunt)
Jurisdiction
England and Wales
Judgment Date
15 April 2021
Procedural Posture
Interim Care Order / Interlocutory Hearing on Placement and Compliance With Previous Order
Outcome
Adjourned with directions; placement with aunt ordered subject to Local Authority compliance
Legal Topics
Interim Care Orders, Placement With Family Members, Compliance With Court Orders, Article 8 ECHR Rights
Family Law Child Protection Interim Care Orders Placement With Family Members Compliance With Court Orders Article 8 ECHR Rights

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Parties

M

Child

Local Authority

Applicant

Parents

Respondents

Ms H (Paternal Aunt)

Proposed Carer/intervener

Procedural Posture

Interim Care Order / Interlocutory Hearing on Placement and Compliance With Previous Order

Legal Issues

  1. 1 Whether M should be placed with his paternal aunt pending further proceedings
  2. 2 Whether the Local Authority complied with the previous court order regarding information and support for the aunt
  3. 3 Whether the Local Authority's objections to placement with the aunt have evidential basis

Ratio Decidendi

There is no evidential basis for excluding the paternal aunt as a carer; the Local Authority's objections are unsupported. The Local Authority's failure to comply with the previous court order regarding information and support for the aunt has prevented immediate placement. Placement with the aunt is appropriate and should proceed urgently once compliance is achieved.

Court Disposition

Adjourned with directions; placement with aunt ordered subject to Local Authority compliance

Orders

  • Local Authority to file a detailed statement specifying practical and financial support for the aunt, and to share and discuss the written agreement with her
  • Matter listed for urgent hearing next week