WSCC v M & Ors

WSCC v M & Ors

Permission to withdraw care proceedings is granted because the welfare of the children is best promoted by cessation of proceedings, the family is functioning well, intervention against the children's wishes is unlikely to be fruitful, and further adversarial proceedings would undermine their welfare. The safeguarding plan is sufficient to manage risks, and the benefits of withdrawal outweigh the risks.

Parties
Applicant: WSCC; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent (a Child): W; 4th Respondent (a Child): X; 5th Respondent (a Child): Y; 6th Respondent (a Child): Z
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Care Proceedings / Application for Permission to Withdraw Proceedings
Outcome
Permission to withdraw care proceedings granted
Legal Topics
Withdrawal of Care Proceedings, Fabricated or Induced Illness, Welfare Assessment, Safeguarding Plan, Section 31(2) Children Act 1989, Section 1(1) Children Act 1989, Emergency Removal, Interim Care Orders
Family Law Child Protection Withdrawal of Care Proceedings Fabricated or Induced Illness Welfare Assessment Safeguarding Plan Section 31(2) Children Act 1989 Section 1(1) Children Act 1989 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

WSCC

Applicant

M

1st Respondent

F

2nd Respondent

W

3rd Respondent (a Child)

X

4th Respondent (a Child)

Y

5th Respondent (a Child)

Z

6th Respondent (a Child)

Procedural Posture

Care Proceedings / Application for Permission to Withdraw Proceedings

Legal Issues

  1. 1 Whether the local authority should be granted permission to withdraw care proceedings
  2. 2 Whether the welfare of the children requires further compulsive intervention by the state
  3. 3 Appropriate application of Section 1(1) and Section 1(3) Children Act 1989 in withdrawal applications

Ratio Decidendi

Permission to withdraw care proceedings is granted because the welfare of the children is best promoted by cessation of proceedings, the family is functioning well, intervention against the children's wishes is unlikely to be fruitful, and further adversarial proceedings would undermine their welfare. The safeguarding plan is sufficient to manage risks, and the benefits of withdrawal outweigh the risks.

Court Disposition

Permission to withdraw care proceedings granted

Orders

  • Local authority granted leave to withdraw care proceedings
  • No further compulsive intervention by the state