A, B, C and D (Delay: Assessment of Harm), Re

A, B, C and D (Delay: Assessment of Harm), Re

Threshold under section 31 Children Act 1989 is met for all children, including the two disputed elements regarding the Father. The risks of harm between A and B are unquantified and unmanageable at present, and therapy will take an indeterminate period. Delay would not provide further clarity or benefit. Care orders for A, B, and C, and a supervision order for D, are necessary and proportionate to safeguard the children's welfare. Placement and contact arrangements as set out in the care plans are approved. Special Guardianship Orders are not appropriate at this stage due to uncertainty regarding B's future placement with G and H.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Intervenors: G and H; Subjects: Children (A, B, C, D)
Jurisdiction
England and Wales
Judgment Date
20 September 2024
Procedural Posture
Public Law Children Proceedings / Final Judgment
Outcome
final care orders and supervision order granted
Legal Topics
Care Orders, Supervision Orders, Special Guardianship, Threshold Criteria, Assessment of Harm, Delay in Proceedings
Family Law Child Protection Care Orders Supervision Orders Special Guardianship Threshold Criteria Assessment of Harm Delay in Proceedings

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Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

G and H

Intervenors

Children (A, B, C, D)

Subjects

Procedural Posture

Public Law Children Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold under section 31 Children Act 1989 is met for making public law orders
  2. 2 Whether final care orders or special guardianship orders should be made for A and B
  3. 3 Assessment and management of risk of harm between siblings (A and B)

Ratio Decidendi

Threshold under section 31 Children Act 1989 is met for all children, including the two disputed elements regarding the Father. The risks of harm between A and B are unquantified and unmanageable at present, and therapy will take an indeterminate period. Delay would not provide further clarity or benefit. Care orders for A, B, and C, and a supervision order for D, are necessary and proportionate to safeguard the children's welfare. Placement and contact arrangements as set out in the care plans are approved. Special Guardianship Orders are not appropriate at this stage due to uncertainty regarding B's future placement with G and H.

Court Disposition

final care orders and supervision order granted

Orders

  • Final care orders made for A, B, and C as per Local Authority care plans
  • Supervision order made for D to remain with Mother