Middlesbrough Borough Council v Mother & Ors

Middlesbrough Borough Council v Mother & Ors

The threshold for significant harm under s.31(2) Children Act 1989 is met due to parental substance misuse, mental health issues, domestic abuse, neglectful parenting, unsafe home conditions, and failure to engage with professionals. Welfare analysis supports care orders for X and W with foster placement, and supervision/child arrangements orders for Z and Y to live with Mr A. Section 91(14) order is justified to prevent further disruptive applications for 12 months due to ongoing risk of harm and lack of parental insight.

Parties
Applicant: Middlesbrough Borough Council; First Respondent: Mother; Second Respondent: Mr A; Third Respondent: Mr C; Fourth Respondent: Miss Z A; Fifth Respondent: Master Y A; Sixth Respondent: Miss X C; Seventh Respondent: Master W C
Jurisdiction
England and Wales
Judgment Date
27 March 2026
Procedural Posture
Care Proceedings / Final Hearing
Outcome
Care Orders for X and W; Child Arrangements Order, Supervision Order, and Prohibited Steps Order for Z and Y to live with Mr A; Section 91(14) order against Mother and Mr C for 12 months; contact arrangements as per care plan.
Legal Topics
Care Orders, Supervision Orders, Threshold Criteria, Domestic Abuse, Substance Misuse, Mental Health, Section 91(14) Orders, Child Arrangements, Prohibited Steps Orders
Family Law Child Protection Care Orders Supervision Orders Threshold Criteria Domestic Abuse Substance Misuse Mental Health +3 more

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Parties

Middlesbrough Borough Council

Applicant

Mother

First Respondent

Mr A

Second Respondent

Mr C

Third Respondent

Miss Z A

Fourth Respondent

Master Y A

Fifth Respondent

Miss X C

Sixth Respondent

Master W C

Seventh Respondent

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for care and supervision orders
  2. 2 Whether welfare principle and checklist support removal of children from parental care
  3. 3 Whether Section 91(14) order is justified to restrict further applications

Ratio Decidendi

The threshold for significant harm under s.31(2) Children Act 1989 is met due to parental substance misuse, mental health issues, domestic abuse, neglectful parenting, unsafe home conditions, and failure to engage with professionals. Welfare analysis supports care orders for X and W with foster placement, and supervision/child arrangements orders for Z and Y to live with Mr A. Section 91(14) order is justified to prevent further disruptive applications for 12 months due to ongoing risk of harm and lack of parental insight.

Court Disposition

Care Orders for X and W; Child Arrangements Order, Supervision Order, and Prohibited Steps Order for Z and Y to live with Mr A; Section 91(14) order against Mother and Mr C for 12 months; contact arrangements as per care plan.

Orders

  • Care Orders for X and W with foster placement
  • Child Arrangements Order for Z and Y to live with Mr A