West Berkshire Council v Mother & Ors

West Berkshire Council v Mother & Ors

The threshold for making a care order was met due to parental obstruction of care, lack of engagement with professionals, and risk of significant harm to the child. The welfare of the child required a Care Order with a plan for residential placement, supported by professional evidence of risk of relapse and harm if returned home. Non-Molestation and Section 91(14) Orders were necessary and proportionate to protect the child and ensure stability of placement.

Parties
Applicant: West Berkshire Council; First Respondent: Mother; Second Respondent: Father; Third Respondent: Child C
Jurisdiction
England and Wales
Judgment Date
16 September 2025
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Final Care Order granted; Non-Molestation Order and Section 91(14) Order made; care plan approved.
Legal Topics
Care Order, Parental Responsibility, Non Molestation Order, Section 91(14) Order, Child Assessment Order, Deprivation of Liberty, Contact Arrangements
Family Law Child Protection Care Order Parental Responsibility Non Molestation Order Section 91(14) Order Child Assessment Order Deprivation of Liberty +1 more

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Parties

West Berkshire Council

Applicant

Mother

First Respondent

Father

Second Respondent

Child C

Third Respondent

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold for making a care order under section 31(2) Children Act 1989 is met
  2. 2 Whether parental care is reasonable and meets child's needs
  3. 3 Whether a Non-Molestation Order against the Father is justified

Ratio Decidendi

The threshold for making a care order was met due to parental obstruction of care, lack of engagement with professionals, and risk of significant harm to the child. The welfare of the child required a Care Order with a plan for residential placement, supported by professional evidence of risk of relapse and harm if returned home. Non-Molestation and Section 91(14) Orders were necessary and proportionate to protect the child and ensure stability of placement.

Court Disposition

Final Care Order granted; Non-Molestation Order and Section 91(14) Order made; care plan approved.

Orders

  • Final Care Order pursuant to section 31 Children Act 1989
  • Child to remain in residential placement as per care plan