M v LBB (No 3)

M v LBB (No 3)

Frequent contact with M would be disproportionate, harmful, and unnecessary given A's welfare needs, placement stability, and the risks posed by M's history and lack of insight. The local authority's proposal for minimum contact with regular review is more appropriate, proportionate, and necessary to protect A's welfare and engaged Article 8 rights.

Parties
Applicant: M; Respondent: LBB; Respondent: A
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Children's Welfare Application / Judgment on S.34 Children Act Application
Outcome
application dismissed
Legal Topics
Contact Orders, Care Orders, Welfare Checklist, Risk Assessment, Proportionality Under Article 8
Family Law Child Protection Contact Orders Care Orders Welfare Checklist Risk Assessment Proportionality Under Article 8

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Parties

M

Applicant

LBB

Respondent

A

Respondent

Procedural Posture

Children's Welfare Application / Judgment on S.34 Children Act Application

Legal Issues

  1. 1 Should a s.34 Children Act order for frequent contact between M and A be made?
  2. 2 Is the local authority's amended care plan proposal for minimum contact sufficient and proportionate?
  3. 3 Does frequent contact pose risks to A's welfare and placement stability?

Ratio Decidendi

Frequent contact with M would be disproportionate, harmful, and unnecessary given A's welfare needs, placement stability, and the risks posed by M's history and lack of insight. The local authority's proposal for minimum contact with regular review is more appropriate, proportionate, and necessary to protect A's welfare and engaged Article 8 rights.

Court Disposition

application dismissed

Orders

  • Mother's application for frequent contact under s.34 Children Act is refused.
  • Local authority to provide amended and updated care plan reflecting minimum contact proposal (four times per year, subject to regular review).