X (Local Authority) v A Mother & Father [2010] EWCC 4 (Fam) (2010)

The threshold criteria under section 31 Children Act 1989 are met; M was at risk of significant harm. A care order is necessary and proportionate to ensure M's welfare and to implement the care plan, which is the least interventionist option available.

Citation: [2010] EWCC 4 (Fam)
Parties: Applicant: X Local Authority; 1st Respondent: A Mother (DK); 2nd Respondent: A Father (MW); Grandmother: Mrs. F (Grandmother); Guardian: Guardian
Jurisdiction: England and Wales
Procedural Posture: Care Proceedings (children Act 1989) / Final Judgment on Application for Care Order
Outcome: Care order granted in respect of M.
Legal Topics: Care Orders, Parental Responsibility, Threshold Criteria, Welfare of the Child

Family Law Child Protection Care Orders Parental Responsibility Threshold Criteria Welfare of the Child

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

X Local Authority

Applicant

A Mother (DK)

1st Respondent

A Father (MW)

2nd Respondent

Mrs. F (Grandmother)

Grandmother

Guardian

Procedural Posture

Care Proceedings (children Act 1989) / Final Judgment on Application for Care Order

Legal Issues

1 Whether the threshold criteria under section 31 Children Act 1989 are met
2 Whether a care order is necessary and proportionate for M's welfare

Ratio Decidendi

Court Disposition

Care order granted in respect of M.

Orders

Care order made based on the current care plan.
Local authority granted parental responsibility for M.