F and N (Children), Re [2010] EWMC 53 (FPC) (2010)

F and N (Children), Re [2010] EWMC 53 (FPC) (2010)

Threshold criteria for interim order are met due to unexplained significant non-accidental injuries to F. However, the emotional harm to the children from continued separation outweighs the physical risk, which is manageable by social services intervention. Interim supervision orders, not care orders, are the proportionate response at this stage.

Citation
[2010] EWMC 53 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: Mrs G; 2nd Respondent: Mr G; 3rd Respondent: F and N (children through the Children’s Guardian)
Jurisdiction
England and Wales
Procedural Posture
Family Proceedings – Interim Care/supervision Order Application / Interim Hearing
Outcome
Interim supervision orders granted; application for interim care orders refused.
Legal Topics
Interim Care Orders, Supervision Orders, Threshold Criteria, Removal of Children, Welfare of the Child, Contact Arrangements
Family Law Child Protection Interim Care Orders Supervision Orders Threshold Criteria Removal of Children Welfare of the Child Contact Arrangements

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Parties

X Local Authority

Applicant

Mrs G

1st Respondent

Mr G

2nd Respondent

F and N (children through the Children’s Guardian)

3rd Respondent

Procedural Posture

Family Proceedings – Interim Care/supervision Order Application / Interim Hearing

Legal Issues

  1. 1 Whether threshold criteria for interim order are met
  2. 2 Whether interim care order or supervision order is appropriate and proportionate
  3. 3 Whether children should remain in foster care or return home

Ratio Decidendi

Threshold criteria for interim order are met due to unexplained significant non-accidental injuries to F. However, the emotional harm to the children from continued separation outweighs the physical risk, which is manageable by social services intervention. Interim supervision orders, not care orders, are the proportionate response at this stage.

Court Disposition

Interim supervision orders granted; application for interim care orders refused.

Orders

  • Interim supervision orders made to X Council in respect of both children until next hearing date.
  • Case to be transferred to the county court.