Wiltshire Council v Mother & Ors

Wiltshire Council v Mother & Ors

Repeated cocaine use by the mother between January and July 2025 was proved on the balance of probabilities based on multiple hair strand tests from three laboratories. The mother's dishonest denial of drug use, combined with actual use, creates significant safeguarding concerns and makes risk unmanageable. Despite improvements in parenting, the risk of relapse and unknown patterns of use undermine safety planning. The potential harm to C outweighs the harm of removal, justifying a Care Order and approval of the local authority's care plan.

Parties
Applicant: Wiltshire Council; First Respondent: Mother; Second Respondent: Father; Third Respondent: C (a child)
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Care Order made; care plan approved.
Legal Topics
Care Order, Substance Misuse, Parental Responsibility, Child Welfare, Threshold Criteria, Welfare Checklist, Contact Arrangements, Special Guardianship
Family Law Child Protection Care Order Substance Misuse Parental Responsibility Child Welfare Threshold Criteria Welfare Checklist +2 more

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Parties

Wiltshire Council

Applicant

Mother

First Respondent

Father

Second Respondent

C (a child)

Third Respondent

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold under section 31(2) Children Act 1989 is met
  2. 2 Whether mother's cocaine use poses unmanageable risk to child
  3. 3 Whether removal from mother's care is proportionate and necessary

Ratio Decidendi

Repeated cocaine use by the mother between January and July 2025 was proved on the balance of probabilities based on multiple hair strand tests from three laboratories. The mother's dishonest denial of drug use, combined with actual use, creates significant safeguarding concerns and makes risk unmanageable. Despite improvements in parenting, the risk of relapse and unknown patterns of use undermine safety planning. The potential harm to C outweighs the harm of removal, justifying a Care Order and approval of the local authority's care plan.

Court Disposition

Care Order made; care plan approved.

Orders

  • Final Care Order pursuant to section 31 Children Act 1989
  • Approval of care plan including placement with AB and ongoing DBT therapy for mother