A & Ors (Care Orders at Home)

A & Ors (Care Orders at Home)

Final care orders were unlawfully made without a section 31A plan for children to remain at home; the judge should have adjourned to allow the local authority to reconsider and file amended care plans. The exclusion injunction against the father was improperly granted under the inherent jurisdiction when statutory remedies were available.

Parties
Appellant: Local Authority; Appellant: Father; Respondent: Mother; Respondent: Children (A, B, C, D, E) by their guardian
Jurisdiction
England and Wales
Judgment Date
14 July 2025
Procedural Posture
Appeal / Post Judgment, Rehearing Ordered
Outcome
Appeal allowed, final care orders set aside, matter remitted for rehearing, interim care orders substituted, exclusion injunction replaced with statutory exclusion requirement.
Legal Topics
Care Orders, Interim Care Orders, Injunctions, Parental Responsibility, Threshold Criteria, Proportionality, Section 31 a Plans
Family Law Child Protection Care Orders Interim Care Orders Injunctions Parental Responsibility Threshold Criteria Proportionality +1 more

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Parties

Local Authority

Appellant

Father

Appellant

Mother

Respondent

Children (A, B, C, D, E) by their guardian

Respondent

Procedural Posture

Appeal / Post Judgment, Rehearing Ordered

Legal Issues

  1. 1 Whether final care orders can be lawfully made without a section 31A plan for children to remain at home
  2. 2 Whether the judge sufficiently analysed necessity and proportionality of care orders and injunction
  3. 3 Whether the exclusion injunction against the father was lawfully granted under the inherent jurisdiction

Ratio Decidendi

Final care orders were unlawfully made without a section 31A plan for children to remain at home; the judge should have adjourned to allow the local authority to reconsider and file amended care plans. The exclusion injunction against the father was improperly granted under the inherent jurisdiction when statutory remedies were available.

Court Disposition

Appeal allowed, final care orders set aside, matter remitted for rehearing, interim care orders substituted, exclusion injunction replaced with statutory exclusion requirement.

Orders

  • Final care orders set aside.
  • Matter remitted for full rehearing before another judge.