E and H (Care Orders), Re

E and H (Care Orders), Re

The threshold for intervention under s.31(2) Children Act 1989 is met: both children have suffered and are at risk of significant harm due to parental failures in health management, emotional availability, and neglect. Despite extensive support, neither parent can provide good enough care, and no lesser order would suffice. Removal to foster care is necessary and proportionate to safeguard the children's welfare, outweighing their wishes to remain with their mother.

Parties
Applicant: The Local Authority; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd and 4th Respondents: E and H (Children, through their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
03 August 2024
Procedural Posture
Care Order Application / Final Judgment
Outcome
Care Orders granted for both children; removal from parental care to long-term foster care.
Legal Topics
Care Orders, Parental Responsibility, Child Welfare, Neglect, Physical Harm, Emotional Harm, Threshold Criteria, Article 8 ECHR, Foster Care
Family Law Child Protection Care Orders Parental Responsibility Child Welfare Neglect Physical Harm Emotional Harm +3 more

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Parties

The Local Authority

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

E and H (Children, through their Children's Guardian)

3rd and 4th Respondents

Procedural Posture

Care Order Application / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met for making Care Orders for E and H
  2. 2 Whether it is necessary and proportionate to remove the children from parental care and place them in long-term foster care
  3. 3 Whether the welfare of the children requires their removal from the family despite their wishes

Ratio Decidendi

The threshold for intervention under s.31(2) Children Act 1989 is met: both children have suffered and are at risk of significant harm due to parental failures in health management, emotional availability, and neglect. Despite extensive support, neither parent can provide good enough care, and no lesser order would suffice. Removal to foster care is necessary and proportionate to safeguard the children's welfare, outweighing their wishes to remain with their mother.

Court Disposition

Care Orders granted for both children; removal from parental care to long-term foster care.

Orders

  • Care Order for each child (E and H) placing them in Local Authority care and foster placement together.
  • Contact plan: supervised contact with mother twice weekly for two weeks, then weekly, then monthly, settling at every six weeks; contact with father every other week, then every three weeks, then monthly.