Lucy (Care Proceedings) (Rev 1)

Lucy (Care Proceedings) (Rev 1)

The balance of Lucy's interests is firmly in favour of placing her with Belinda, given the emotional and psychological harm likely from continued foster care and the genuine commitment of Belinda, despite risks posed by the family. Long term foster care is rejected as not in Lucy's best interests; placement with parents is unsafe due to significant risk of harm and lack of openness.

Parties
Applicant: The Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: Lucy; Fourth Respondent: Belinda
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
Care Proceedings / Welfare Hearing Following Fact Finding Judgment
Outcome
Local Authority's care plan for long term foster care rejected; placement with parents rejected; interim care order continued; transition plan for placement with Belinda ordered.
Legal Topics
Care Orders, Special Guardianship, Child Welfare, Risk Assessment, Children's Wishes
Family Law Child Protection Care Orders Special Guardianship Child Welfare Risk Assessment Children's Wishes

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Parties

The Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Lucy

Third Respondent

Belinda

Fourth Respondent

Procedural Posture

Care Proceedings / Welfare Hearing Following Fact Finding Judgment

Legal Issues

  1. 1 Whether Lucy should remain in long term foster care or be placed with her sister Belinda
  2. 2 Assessment of risk posed by family members
  3. 3 Appropriateness of Special Guardianship Order for Belinda

Ratio Decidendi

The balance of Lucy's interests is firmly in favour of placing her with Belinda, given the emotional and psychological harm likely from continued foster care and the genuine commitment of Belinda, despite risks posed by the family. Long term foster care is rejected as not in Lucy's best interests; placement with parents is unsafe due to significant risk of harm and lack of openness.

Court Disposition

Local Authority's care plan for long term foster care rejected; placement with parents rejected; interim care order continued; transition plan for placement with Belinda ordered.

Orders

  • Local Authority to draw up a transition plan for Lucy to move to Belinda's independent care outside the family home.
  • Application for final care order adjourned pending further steps by Local Authority.