A Local Authority v M [2019] EWFC B21 (16 May 2019)

A Local Authority v M [2019] EWFC B21 (16 May 2019)

The court found that the risks posed to X by her older siblings, combined with the mother's inability to consistently protect X and manage those risks, could not be mitigated to a safe level. Despite the mother's progress and support network, the unassessed and ongoing dangers from the siblings, and the mother's...

Source-derived case information.

Citation
[2019] EWFC B21
Parties
Applicant: Local Authority; Respondent: M (Mother); Children's Guardian: Miriam Dolman (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Care Order Application / Final Hearing and Judgment
Outcome
Care order granted; X to remain in long-term foster care.
Legal Topics
Care Orders, Long Term Foster Care, Parental Responsibility, Child Welfare, Threshold Criteria, Cultural Heritage, Contact Arrangements
Family Law Child Protection Care Orders Long Term Foster Care Parental Responsibility Child Welfare Threshold Criteria Cultural Heritage +1 more

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Parties

Local Authority

Applicant

M (Mother)

Respondent

Miriam Dolman (Children's Guardian)

Children's Guardian

Procedural Posture

Care Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether X should be placed in long-term foster care or returned to her mother's care
  2. 2 Whether the risks posed by X's older siblings and the mother's ability to protect X can be managed
  3. 3 Appropriate contact arrangements to preserve X's cultural heritage

Ratio Decidendi

The court found that the risks posed to X by her older siblings, combined with the mother's inability to consistently protect X and manage those risks, could not be mitigated to a safe level. Despite the mother's progress and support network, the unassessed and ongoing dangers from the siblings, and the mother's vulnerability and lack of insight, made a return home unsafe. The only realistic and safe option was a care order with a plan for long-term foster care, with arrangements for contact to preserve X's cultural heritage.

Court Disposition

Care order granted; X to remain in long-term foster care.

Orders

  • Care order made in respect of X.
  • X to remain in long-term foster care.