A (A child) [2016] EWFC B6 (27 January 2016)

A (A child) [2016] EWFC B6 (27 January 2016)

The court found that A would be at risk of physical and emotional harm if placed with his mother due to her ongoing mental health issues, inability to separate from a violent partner, chaotic lifestyle, and failure to engage with services. The evidence demonstrated that X and Y could provide a safe, stable, and...

Source-derived case information.

Citation
[2016] EWFC B6
Parties
Child: A; Mother: M (the mother); Father: F (the father); Proposed Special Guardians: X and Y; Applicant: Local Authority; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
27 January 2016
Procedural Posture
Public Law Care Proceedings / Final Hearing and Judgment
Outcome
Special guardianship order made in respect of A in favour of X and Y; care plan and contact arrangements approved; future applications reserved to the same judge; public funding direction made.
Legal Topics
Special Guardianship Order, Care Proceedings, Threshold Criteria, Parental Responsibility, Contact Arrangements, Domestic Violence, Mental Health, Welfare of the Child
Family Law Child Protection Special Guardianship Order Care Proceedings Threshold Criteria Parental Responsibility Contact Arrangements Domestic Violence +2 more

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Parties

A

Child

M (the mother)

Mother

F (the father)

Father

X and Y

Proposed Special Guardians

Local Authority

Applicant

Guardian

Children's Guardian

Procedural Posture

Public Law Care Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold criteria under s31 Children Act 1989 are met for A
  2. 2 Whether A should be placed with his mother or under a special guardianship order with X and Y
  3. 3 Appropriateness of contact arrangements for parents and siblings

Ratio Decidendi

The court found that A would be at risk of physical and emotional harm if placed with his mother due to her ongoing mental health issues, inability to separate from a violent partner, chaotic lifestyle, and failure to engage with services. The evidence demonstrated that X and Y could provide a safe, stable, and loving home for A alongside his brother. A special guardianship order in their favour was necessary and proportionate to protect A's welfare.

Court Disposition

Special guardianship order made in respect of A in favour of X and Y; care plan and contact arrangements approved; future applications reserved to the same judge; public funding direction made.

Orders

  • Special guardianship order in favour of X and Y for A
  • Contact between A and his mother to occur twice a year, supervised, initially by the local authority then by X and Y