X Local Authority v Miss H & Ors [2009] EWMC 10 (FPC) (2009)

X Local Authority v Miss H & Ors [2009] EWMC 10 (FPC) (2009)

The threshold criteria under s.31(2) Children Act 1989 are satisfied based on the mother's acceptance of the findings sought. Considering the welfare checklist and all evidence, a supervision order for one year and a residence order to the maternal grandmother are appropriate and proportionate to promote the child's welfare.

Citation
[2009] EWMC 10 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: Miss H; 2nd Respondent: Mr D; 3rd Respondent: Mrs H
Jurisdiction
England and Wales
Procedural Posture
Family Proceedings – Application for Care Order / Final Hearing – Judgment and Orders
Outcome
Supervision order for one year and residence order to maternal grandmother granted; care plan endorsed.
Legal Topics
Care Orders, Supervision Orders, Residence Orders, Welfare of the Child, Threshold Criteria, Human Rights – Article 8
Family Law Child Protection Care Orders Supervision Orders Residence Orders Welfare of the Child Threshold Criteria Human Rights – Article 8

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Parties

X Local Authority

Applicant

Miss H

1st Respondent

Mr D

2nd Respondent

Mrs H

3rd Respondent

Procedural Posture

Family Proceedings – Application for Care Order / Final Hearing – Judgment and Orders

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met
  2. 2 Whether a care order, supervision order, or no order should be made
  3. 3 Whether a residence order to the maternal grandmother is appropriate

Ratio Decidendi

The threshold criteria under s.31(2) Children Act 1989 are satisfied based on the mother's acceptance of the findings sought. Considering the welfare checklist and all evidence, a supervision order for one year and a residence order to the maternal grandmother are appropriate and proportionate to promote the child's welfare.

Court Disposition

Supervision order for one year and residence order to maternal grandmother granted; care plan endorsed.

Orders

  • Supervision order in respect of C for one year
  • Residence order to maternal grandmother