Re Bella (placement with kinship carers)

Re Bella (placement with kinship carers)

The threshold for public law orders is crossed due to findings of significant risk of harm to Bella if placed with either parent, based on Emma’s ongoing lack of insight, emotional and relational difficulties, and Luke’s responsibility for prior injuries to Felix and lack of rehabilitation. Bella’s welfare requires...

Source-derived case information.

Parties
Applicant: Oxfordshire County Council; First Respondent: Emma; Second Respondent: Luke; Third Respondent: Bella (via her Children’s Guardian, Nandi Sutherland)
Jurisdiction
England and Wales
Judgment Date
28 October 2024
Procedural Posture
Care and Placement Proceedings (children Act 1989) / Final Judgment on Placement and Contact, With Interim Care Order Continuation
Outcome
Placement of Bella with kinship carers A and B under interim care order; matter to return for final hearing and likely special guardianship order; structured contact for parents ordered.
Legal Topics
Care Orders, Special Guardianship, Kinship Care, Parental Capacity, Contact Arrangements, Threshold Criteria, Welfare Checklist
Family Law Child Protection Care Orders Special Guardianship Kinship Care Parental Capacity Contact Arrangements Threshold Criteria +1 more

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Parties

Oxfordshire County Council

Applicant

Emma

First Respondent

Luke

Second Respondent

Bella (via her Children’s Guardian, Nandi Sutherland)

Third Respondent

Procedural Posture

Care and Placement Proceedings (children Act 1989) / Final Judgment on Placement and Contact, With Interim Care Order Continuation

Legal Issues

  1. 1 Whether threshold for public law orders under s.31 Children Act 1989 is crossed for Bella
  2. 2 Whether Bella should be placed with her mother, father, or kinship carers under an interim care order
  3. 3 What contact arrangements serve Bella’s welfare

Ratio Decidendi

The threshold for public law orders is crossed due to findings of significant risk of harm to Bella if placed with either parent, based on Emma’s ongoing lack of insight, emotional and relational difficulties, and Luke’s responsibility for prior injuries to Felix and lack of rehabilitation. Bella’s welfare requires immediate placement with kinship carers A and B under the interim care order, with a view to special guardianship, and structured contact with her parents.

Court Disposition

Placement of Bella with kinship carers A and B under interim care order; matter to return for final hearing and likely special guardianship order; structured contact for parents ordered.

Orders

  • Bella to be placed with A and B under the interim care order immediately.
  • Contact for Luke: six times per year, supervised, with possibility of additional family events.