OCC v K (Care Orders) [2021] EWFC B52 (16 September 2021)

OCC v K (Care Orders) [2021] EWFC B52 (16 September 2021)

The risks posed by the mother to the children, including emotional harm, lack of protective capacity, and failure to address her own difficulties, cannot be sufficiently mitigated until she has completed therapy. The welfare of the children requires that all three remain in foster care together, with face-to-face contact with their mother once a month and indirect written contact, subject to regular review. The Local Authority is to fund therapy for the mother and children, with funding conditional on attendance.

Citation
[2021] EWFC B52
Parties
Applicant: OCC; First Respondent: M (Mother); Third Respondent: B (Child); Second & Fourth Respondents: B & C (Children, via Guardian)
Jurisdiction
England and Wales
Judgment Date
16 September 2021
Procedural Posture
Care Orders (children Act 1989) / Final Hearing
Outcome
Final care orders made for all three children to remain in foster care.
Legal Topics
Care Orders, Threshold Criteria, Welfare Checklist, Contact Arrangements, Therapeutic Intervention, Deprivation of Liberty
Family Law Child Protection Care Orders Threshold Criteria Welfare Checklist Contact Arrangements Therapeutic Intervention Deprivation of Liberty

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Parties

OCC

Applicant

M (Mother)

First Respondent

B (Child)

Third Respondent

B & C (Children, via Guardian)

Second & Fourth Respondents

Procedural Posture

Care Orders (children Act 1989) / Final Hearing

Legal Issues

  1. 1 Whether threshold for care orders is met under s.31(2) Children Act 1989
  2. 2 Whether children should remain in foster care or return to mother's care
  3. 3 Appropriate contact arrangements between children and mother

Ratio Decidendi

The risks posed by the mother to the children, including emotional harm, lack of protective capacity, and failure to address her own difficulties, cannot be sufficiently mitigated until she has completed therapy. The welfare of the children requires that all three remain in foster care together, with face-to-face contact with their mother once a month and indirect written contact, subject to regular review. The Local Authority is to fund therapy for the mother and children, with funding conditional on attendance.

Court Disposition

Final care orders made for all three children to remain in foster care.

Orders

  • Children to remain in current foster care placement together.
  • Face-to-face contact with mother once per month, supervised, with indirect written contact once per month.