R v S [2025] EWHC 1791 (Fam) (11 July 2025)

R v S [2025] EWHC 1791 (Fam) (11 July 2025)

The evidence demonstrated that H was thriving in her parents' care, the alleged breaches of the safety plan were not substantiated, and the local authority failed to properly balance the risks of removal against the harm of separation. With a robust support and safety plan, H's welfare was best served by remaining with her parents.

Citation
[2025] EWHC 1791 (Fam)
Parties
Applicant: R; Applicant: S; First Respondent: Shropshire Council; Second Respondent: H; Intervenor: T
Jurisdiction
England and Wales
Judgment Date
11 July 2025
Procedural Posture
Care Proceedings (family Division) / Final Hearing and Judgment
Outcome
H to remain in the care of her parents under a care order with support and safety plan.
Legal Topics
Care Orders, Parental Rights, Learning Disabilities, Risk Assessment, Removal of Child, Human Rights Act Injunctions, Local Authority Duties
Family Law Child Protection Care Orders Parental Rights Learning Disabilities Risk Assessment Removal of Child Human Rights Act Injunctions +1 more

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Parties

R

Applicant

S

Applicant

Shropshire Council

First Respondent

H

Second Respondent

T

Intervenor

Procedural Posture

Care Proceedings (family Division) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether H should remain in the care of her parents or be removed to long-term foster care
  2. 2 Whether the local authority's applications for removal were justified
  3. 3 Appropriate balancing of risk and harm in the context of parents with learning difficulties

Ratio Decidendi

The evidence demonstrated that H was thriving in her parents' care, the alleged breaches of the safety plan were not substantiated, and the local authority failed to properly balance the risks of removal against the harm of separation. With a robust support and safety plan, H's welfare was best served by remaining with her parents.

Court Disposition

H to remain in the care of her parents under a care order with support and safety plan.

Orders

  • Final care plan approved for H to remain at home with parents.
  • Extensive support package and safety plan to be implemented.