JW (Child at Home under Care Order)

JW (Child at Home under Care Order)

The judge erred in finding that this case was exceptional and that a care order was necessary and proportionate. The risks could be managed under a supervision order, and the care order did not add material safeguarding features given the facts. The appeal is allowed; supervision orders are substituted for care orders.

Parties
Subject Child: JW (Child at Home under Care Order); Appellant: Mother; 1st Respondent: Local Authority; Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal (family/public Law) / Appeal From Final Care Order; Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Care Orders, Supervision Orders, Parental Responsibility, Proportionality, Public Law Outline, Children Act 1989, Removal of Children, Statutory Guidance
Family Law Child Protection Care Orders Supervision Orders Parental Responsibility Proportionality Public Law Outline Children Act 1989 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

JW (Child at Home under Care Order)

Subject Child

Mother

Appellant

Local Authority

1st Respondent

Children's Guardian

Interested Party

Procedural Posture

Appeal (family/public Law) / Appeal From Final Care Order; Judgment on Appeal

Legal Issues

  1. 1 Whether the making of a final care order with the children placed at home was necessary and proportionate
  2. 2 Whether the judge erred in not extending proceedings to allow further evidence of the mother's separation from Mr P and engagement with protective work

Ratio Decidendi

The judge erred in finding that this case was exceptional and that a care order was necessary and proportionate. The risks could be managed under a supervision order, and the care order did not add material safeguarding features given the facts. The appeal is allowed; supervision orders are substituted for care orders.

Court Disposition

Appeal allowed

Orders

  • Care orders set aside and replaced with supervision orders for all three children, effective from 11 November 2022 for one year.
  • Local authority to file Supervision Support Plans (care and support plans) for each child pursuant to SSW(W)A 2014, Part 4.