A Local Authority v R & Ors (Rev 1) [2020] EWFC B56 (13 May 2020)

A Local Authority v R & Ors (Rev 1) [2020] EWFC B56 (13 May 2020)

The parents' conduct during the Covid-19 crisis did not amount to culpable neglect; the Local Authority failed to properly consider the impact of the pandemic on parental capacity. Section 20 voluntary accommodation is proportionate and meets B's welfare needs; renewal of the interim care order is not justified.

Citation
[2020] EWFC B56
Parties
Mother: R; Father: A; Applicant: Local Authority; Child: B; Child's Guardian: Mr J
Jurisdiction
England and Wales
Judgment Date
13 May 2020
Procedural Posture
Care Proceedings / Contested Hearing
Outcome
Interim care order not renewed; section 20 voluntary accommodation approved.
Legal Topics
Interim Care Order, Section 20 Accommodation, Parental Responsibility, Medical Neglect, Covid 19 Impact
Family Law Child Protection Interim Care Order Section 20 Accommodation Parental Responsibility Medical Neglect Covid 19 Impact

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Parties

R

Mother

A

Father

Local Authority

Applicant

B

Child

Mr J

Child's Guardian

Procedural Posture

Care Proceedings / Contested Hearing

Legal Issues

  1. 1 Whether the parents' conduct amounted to neglect justifying renewal of the interim care order
  2. 2 Whether section 20 voluntary accommodation is proportionate and sufficient
  3. 3 Impact of Covid-19 on parental capacity and care

Ratio Decidendi

The parents' conduct during the Covid-19 crisis did not amount to culpable neglect; the Local Authority failed to properly consider the impact of the pandemic on parental capacity. Section 20 voluntary accommodation is proportionate and meets B's welfare needs; renewal of the interim care order is not justified.

Court Disposition

Interim care order not renewed; section 20 voluntary accommodation approved.

Orders

  • B to remain at Richard House hospice; parents not to remove B pending further order unless agreed with health and social services.
  • Section 20 agreement for B's accommodation recorded.