William. Re (dismissal of application for a Placement Order) [2018] EWFC B51 (27 July 2018)

William. Re (dismissal of application for a Placement Order) [2018] EWFC B51 (27 July 2018)

The local authority failed to prove that William's welfare required his removal from the family or that nothing short of adoption would suffice. The evidence did not establish that the risks identified (relating to the grandparents' health, emotional care, or risk of sexual abuse) were sufficient to justify a care or placement order. The court found that William's welfare would be best served by remaining with his grandparents under a child arrangements order and supervision order, with appropriate support and training to address any identified risks.

Citation
[2018] EWFC B51
Parties
Applicant: X Council; First Respondent (mother): MD; Second Respondent (father): FD; Third Respondent (subject Child): A Child (William D); Fourth Respondent (grandmother): GR
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Care and Placement Order Application / Final Hearing and Judgment
Outcome
Application for care order and placement order dismissed; child arrangements order and supervision order made.
Legal Topics
Care Orders, Placement Orders, Special Guardianship, Child Arrangements Orders, Welfare of the Child, Threshold Criteria, Human Rights (article 8)
Family Law Child Protection Care Orders Placement Orders Special Guardianship Child Arrangements Orders Welfare of the Child Threshold Criteria +1 more

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Parties

X Council

Applicant

MD

First Respondent (mother)

FD

Second Respondent (father)

A Child (William D)

Third Respondent (subject Child)

GR

Fourth Respondent (grandmother)

Procedural Posture

Care and Placement Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold for care order is met under s.31 Children Act 1989
  2. 2 Whether a placement order should be made under Adoption and Children Act 2002
  3. 3 Whether William should be placed with his grandparents (GR and HR) or outside the family

Ratio Decidendi

The local authority failed to prove that William's welfare required his removal from the family or that nothing short of adoption would suffice. The evidence did not establish that the risks identified (relating to the grandparents' health, emotional care, or risk of sexual abuse) were sufficient to justify a care or placement order. The court found that William's welfare would be best served by remaining with his grandparents under a child arrangements order and supervision order, with appropriate support and training to address any identified risks.

Court Disposition

Application for care order and placement order dismissed; child arrangements order and supervision order made.

Orders

  • Application for care order dismissed
  • Application for placement order dismissed