C, Re [2009] EWMC 1 (FPC) (2009)

C, Re [2009] EWMC 1 (FPC) (2009)

There are reasonable grounds to believe C is suffering or likely to suffer significant harm attributable to the care given by the mother, and only an Interim Care Order is sufficient and proportionate to safeguard C's welfare at this stage.

Citation
[2009] EWMC 1 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: T; 2nd Respondent: C (A child)
Jurisdiction
England and Wales
Procedural Posture
Family Proceedings Interim Care Order Application / Interim Hearing
Outcome
Interim Care Order granted
Legal Topics
Interim Care Order, Welfare of the Child, Parental Responsibility, Emotional Neglect, Human Rights Article 8
Family Law Child Protection Interim Care Order Welfare of the Child Parental Responsibility Emotional Neglect Human Rights Article 8

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Parties

X Local Authority

Applicant

T

1st Respondent

C (A child)

2nd Respondent

Procedural Posture

Family Proceedings Interim Care Order Application / Interim Hearing

Legal Issues

  1. 1 Whether there are reasonable grounds to believe the child is suffering or likely to suffer significant harm attributable to parental care
  2. 2 Whether an Interim Care Order or Interim Supervision Order is appropriate
  3. 3 Whether the order is necessary and proportionate under Article 8 ECHR

Ratio Decidendi

There are reasonable grounds to believe C is suffering or likely to suffer significant harm attributable to the care given by the mother, and only an Interim Care Order is sufficient and proportionate to safeguard C's welfare at this stage.

Court Disposition

Interim Care Order granted

Orders

  • Interim Care Order made until 6pm 28th December 2009