D (A Child), Re [2020] EWFC B11 (20 February 2020)

D (A Child), Re [2020] EWFC B11 (20 February 2020)

The threshold criteria under section 31(2) of the Children Act 1989 are met due to the risk of significant harm from domestic violence, parental immaturity, mental health issues, lack of engagement, and substance misuse. D's welfare requires her to be placed with her great-aunt P under a care order, with ongoing involvement from the local authority and arrangements for contact with her parents.

Citation
[2020] EWFC B11
Parties
Mother: M; Father: F; Child: D; Proposed Carer (f's Aunt): P; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
20 February 2020
Procedural Posture
Care Proceedings / Final Hearing and Judgment
Outcome
Care order made placing D with her great-aunt P under the supervision of the local authority.
Legal Topics
Care Orders, Parental Responsibility, Placement With Family Member, Welfare Checklist, Threshold Criteria
Family Law Child Protection Care Orders Parental Responsibility Placement With Family Member Welfare Checklist Threshold Criteria

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Parties

M

Mother

F

Father

D

Child

P

Proposed Carer (f's Aunt)

Local Authority

Applicant

Procedural Posture

Care Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 are met for making a care order for D
  2. 2 Whether D should be placed with her great-aunt P under a care order
  3. 3 Arrangements for contact between D and her parents

Ratio Decidendi

The threshold criteria under section 31(2) of the Children Act 1989 are met due to the risk of significant harm from domestic violence, parental immaturity, mental health issues, lack of engagement, and substance misuse. D's welfare requires her to be placed with her great-aunt P under a care order, with ongoing involvement from the local authority and arrangements for contact with her parents.

Court Disposition

Care order made placing D with her great-aunt P under the supervision of the local authority.

Orders

  • Final care order in favour of the local authority with placement of D with P
  • Contact between D and her parents to be arranged monthly at a contact centre, supervised initially by the local authority