West Sussex County Council v A and B [2020] EWFC B62 (29 October 2020)

West Sussex County Council v A and B [2020] EWFC B62 (29 October 2020)

The threshold for care orders is met due to sustained neglect of health needs, severe obesity, poor hygiene, and emotional harm. Despite loving parenting, parents are incapable of effecting change. The balance of harm overwhelmingly favours removal; foster care is necessary and proportionate to protect children's welfare, even considering their wishes and Article 8 rights.

Citation
[2020] EWFC B62
Parties
Applicant: Local Authority; First Respondent (mother): A; Second Respondent (father): B; Child (subject): C; Child (subject): D; Children's Guardian: Ms Beveridge
Jurisdiction
England and Wales
Judgment Date
29 October 2020
Procedural Posture
Care Proceedings / Final Hearing
Outcome
care orders granted for both children; care plans for long-term foster care approved
Legal Topics
Care Orders, Child Welfare, Obesity and Neglect, Threshold Criteria, Welfare Checklist, Proportionality, Article 8 Rights
Family Law Child Protection Care Orders Child Welfare Obesity and Neglect Threshold Criteria Welfare Checklist Proportionality +1 more

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Parties

Local Authority

Applicant

A

First Respondent (mother)

B

Second Respondent (father)

C

Child (subject)

D

Child (subject)

Ms Beveridge

Children's Guardian

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria for care order under Children Act 1989 s.31(2) are met
  2. 2 Whether removal to foster care is necessary and proportionate
  3. 3 Balance of harm between remaining at home and moving to foster care

Ratio Decidendi

The threshold for care orders is met due to sustained neglect of health needs, severe obesity, poor hygiene, and emotional harm. Despite loving parenting, parents are incapable of effecting change. The balance of harm overwhelmingly favours removal; foster care is necessary and proportionate to protect children's welfare, even considering their wishes and Article 8 rights.

Court Disposition

care orders granted for both children; care plans for long-term foster care approved

Orders

  • Care orders made for C and D
  • Care plans for long-term foster care approved