Lancashire County Council v P (injured child; welfare stage) [2015] EWFC B72 (11 June 2015)

Lancashire County Council v P (injured child; welfare stage) [2015] EWFC B72 (11 June 2015)

The risk of significant harm to the children if returned to their parents is unacceptably high due to the parents' continued denial and lack of acknowledgment of the circumstances leading to the injuries. The proposed support plan is inadequate, and the best interests of the children require that they remain with their aunt under a care order.

Citation
[2015] EWFC B72
Parties
Child: T; Child: L; Parent: Mother of T and L; Parent: Father of T and L; Applicant: Local Authority; Proposed Carer: Maternal Aunt; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Public Law Care Proceedings / Welfare/final Determination After Fact Finding
Outcome
Care orders granted; children to remain with maternal aunt.
Legal Topics
Care Orders, Child Welfare, Risk of Harm, Placement of Children
Family Law Child Protection Care Orders Child Welfare Risk of Harm Placement of Children

Case Brief

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Parties

T

Child

L

Child

Mother of T and L

Parent

Father of T and L

Parent

Local Authority

Applicant

Maternal Aunt

Proposed Carer

Children's Guardian

Guardian

Procedural Posture

Public Law Care Proceedings / Welfare/final Determination After Fact Finding

Legal Issues

  1. 1 Whether the children should return to their parents or remain with their aunt under a care order
  2. 2 Whether the proposed support plan for the parents is adequate to manage the risk of harm
  3. 3 Whether the threshold for public law intervention is met

Ratio Decidendi

The risk of significant harm to the children if returned to their parents is unacceptably high due to the parents' continued denial and lack of acknowledgment of the circumstances leading to the injuries. The proposed support plan is inadequate, and the best interests of the children require that they remain with their aunt under a care order.

Court Disposition

Care orders granted; children to remain with maternal aunt.

Orders

  • Care orders granted for both children.
  • Children to remain placed with their maternal aunt.