S (A Child), Re[2010] EWMC 16 (FPC) (2010)

S (A Child), Re[2010] EWMC 16 (FPC) (2010)

The mother is unable to safely and consistently care for S, and S has suffered and is at risk of significant harm due to neglect and emotional abuse. The only order that meets S's welfare needs is a care order to X Council.

Citation
[2010] EWMC 16 (FPC)
Parties
Applicant: X Council; 1st Respondent: Ms S; 2nd Respondent: S (a child) acting through her Children’s Guardian Mr R
Jurisdiction
England and Wales
Procedural Posture
Care Order Application (family Proceedings) / Final Hearing
Outcome
Care order granted to X Council
Legal Topics
Care Orders, Threshold Criteria, Adoption, Contact Arrangements
Family Law Child Protection Care Orders Threshold Criteria Adoption Contact Arrangements

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Parties

X Council

Applicant

Ms S

1st Respondent

S (a child) acting through her Children’s Guardian Mr R

2nd Respondent

Procedural Posture

Care Order Application (family Proceedings) / Final Hearing

Legal Issues

  1. 1 Whether the threshold criteria for a care order under s31(2) Children Act 1989 are met
  2. 2 Whether S's welfare requires a care order and removal from mother's care
  3. 3 Appropriate contact arrangements post-care order

Ratio Decidendi

The mother is unable to safely and consistently care for S, and S has suffered and is at risk of significant harm due to neglect and emotional abuse. The only order that meets S's welfare needs is a care order to X Council.

Court Disposition

Care order granted to X Council

Orders

  • Care order made in respect of S to X Council
  • Care plan approved