L (A Child) [2010] EWMC 31 (FPC) (2010)

Neutral Citation Number: [2010] EWMC 31 (FPC) In the Magistrates’ Court Family Proceedings Court Before: A District Judge - - - - - - - - - - - - - - Between: X Local Authority Applicant and Ms S st Respondent L (a child through her legal representative) nd Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr A for the Applicant Mr H for the 1st Respondent Mrs A for the nd Respondent Hearing dates: 28.6.10 - - - - - - - - - - - - - - - - - - - - - Justices’ Reasons These Facts and Reasons have been agreed by consent by the parties and have been adopted by the Court and the Court is satisfied that the parties have agreed terms and the proposed Order is appropriate in the circumstances of the case. 1. I have before me an application for a care order in relation to L, aged 14. 2. The application is brought by X City Council and they are represented by Mr A. The respondent mother, Ms S is present in court and represented by Mr H. The subject child, L is also in attendance at court and her interests are represented by Ms A on the instructions of the Children’s Guardian, Ms G. 3. These are longstanding proceedings, having commenced in December 2008. This matter last came before me on 13.5.10, when I listed this matter for a final hearing today. On that occasion, the parties agreed that the statutory threshold criteria as set out in S31 Children Act 1989 was met and thus the only issues were in relation to disposal of the proceedings and the level of contact. The findings sought in support of the threshold criteria are set out in the schedule annexed hereto (paragraph 8) and which has been signed by all parties. I approve the schedule and make findings of fact accordingly. On this basis I am satisfied to the required standard that at the time protective action was taken L was suffering an was at risk of suffering significant harm due to the care provided or likely to be provided not being what it would be reasonable to expect a parent to give unless an order is made. 4. I have read the Local Authority’s final care plan dated 13.5.10 and the Children’s Guardian’s final analysis report dated 31.3.10. The Local Authority’s plan for L is to maintain her at a residential facility placement and it is intended that L will remain there until she completes her GCSE’s. Thereafter I am assured that services and assistance will be provided to L by virtue of the leaving care provisions and no doubt consideration will be given at that stage to assist L with independent living and access to further education. She will be made subject to a pathway plan to achieve this. 5. I am satisfied that the care plan meets the needs of L and the plan is supported by both the respondent mother and Children’s Guardian. 6. I am informed that the Local Authority proposes to increase contact between L and her mother during school holidays and such contact will be an additional day of staying contact fortnightly, which means that L will either go to her mother on a Thursday or stay until the Monday and this will be left to their discretion, and shall be kept under regular review with the aim of it being extended in the future. 7. In view of the above, I make a care order in relation to L and approve the care plan. 8. SCHEDULE OF FINDINGS SOUGHT BY THE LOCAL AUTHORITY The Local Authority contends that the statutory threshold criteria as set out in S31(2) Children Act 1989 is met, in relation to L, in that she has suffered significant harm as a result of her lifestyle choices, such that she is beyond parental control, at the time protective measures were taken in particular:- a) L absconded from her mother’s home on 1.12.08 and was found in a collapsed state from drunkenness several hundred miles from home on 21.12.08, and was consequently taken to hospital for treatment. b) L has a history of absconding and has put herself at risk by staying at the homes of various older men, including on one occasion at the home of a Schedule 1 offender. c) L has placed herself at risk of sexual exploitation and has demonstrated a degree of detachment when talking about this. d) L’s mother acknowledges that L’s needs exceed her capacity to meet them, at this stage, without professional support. 9. Heard before a District Judge on the 28.6.10. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII