W (Care Order) [2016] EWFC B46 (01 July 2016)

W (Care Order) [2016] EWFC B46 (01 July 2016)

The threshold criteria for making a care order under s.31 Children Act 1989 are met due to the conceded and proven risks of neglect, unstable housing, lack of insight, and insufficient support by both parents. The Father cannot provide a safe, stable home or demonstrate the necessary insight and cooperation with professionals. The Mother, due to cognitive difficulties and assessment findings, cannot safely care for W. Placement with kinship carers MF and PW under a Care Order is necessary and proportionate to safeguard W's welfare. Contact arrangements as per the care plan are appropriate and subject to review.

Citation
[2016] EWFC B46
Parties
Applicant: Miss Case; Respondent Mother: Mother (M); Respondent Father: Father (F); Respondent Child: Child (W)
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Public Law Care Proceedings / Final Hearing
Outcome
Care Order made in favour of Salford City Council for W; W to be placed with kinship carers MF and PW; supervised monthly contact for each parent; care plan approved.
Legal Topics
Care Orders, Threshold Criteria, Parental Responsibility, Kinship Care, Special Guardianship, Contact Arrangements
Family Law Child Protection Care Orders Threshold Criteria Parental Responsibility Kinship Care Special Guardianship Contact Arrangements

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Parties

Miss Case

Applicant

Mother (M)

Respondent Mother

Father (F)

Respondent Father

Child (W)

Respondent Child

Procedural Posture

Public Law Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for W
  2. 2 Whether W can be safely placed with either parent or requires alternative family placement
  3. 3 Appropriate legal order and contact arrangements for W

Ratio Decidendi

The threshold criteria for making a care order under s.31 Children Act 1989 are met due to the conceded and proven risks of neglect, unstable housing, lack of insight, and insufficient support by both parents. The Father cannot provide a safe, stable home or demonstrate the necessary insight and cooperation with professionals. The Mother, due to cognitive difficulties and assessment findings, cannot safely care for W. Placement with kinship carers MF and PW under a Care Order is necessary and proportionate to safeguard W's welfare. Contact arrangements as per the care plan are appropriate and subject to review.

Court Disposition

Care Order made in favour of Salford City Council for W; W to be placed with kinship carers MF and PW; supervised monthly contact for each parent; care plan approved.

Orders

  • Care Order granted to Salford City Council for W
  • W to be placed with MF and PW as long-term foster carers