R & Anor v Shropshire Council & Anor

R & Anor v Shropshire Council & Anor

The court determined that H should remain with her parents because she was thriving in their care, the evidence for removal was flawed, and the balance of risk and harm favored maintaining the family unit with appropriate support.

Parties
Applicant: R; Applicant: S; First Respondent: Shropshire Council; Second Respondent: H; Intervenor: T
Jurisdiction
England and Wales
Judgment Date
14 July 2025
Procedural Posture
Care Proceedings / Final Hearing
Outcome
Care order for H to remain with her parents with support; removal application refused.
Legal Topics
Care Orders, Parental Rights, Learning Disabilities, Risk Assessment, Injunctions, Child Welfare
Family Law Child Protection Care Orders Parental Rights Learning Disabilities Risk Assessment Injunctions Child Welfare

Case Brief

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Parties

R

Applicant

S

Applicant

Shropshire Council

First Respondent

H

Second Respondent

T

Intervenor

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether H should be removed from her parents' care
  2. 2 Adequacy of safety plans for parents with learning difficulties
  3. 3 Balancing risk of harm versus long-term foster care

Ratio Decidendi

The court determined that H should remain with her parents because she was thriving in their care, the evidence for removal was flawed, and the balance of risk and harm favored maintaining the family unit with appropriate support.

Court Disposition

Care order for H to remain with her parents with support; removal application refused.

Orders

  • H to remain at home with her parents under a care order
  • Local Authority to provide extensive support and implement a safety plan