England and Wales Case Law

C (Welfare: Care Order), Re

The court found that the threshold for a care order was met due to proven risks of significant harm from neglect, substance misuse, domestic abuse, and inability to implement protective boundaries. The mother's change in position and acceptance of the Local Authority's plan was credited, but the risks in her care far exceeded the disadvantages of separation. A care order was necessary and proportionate to safeguard Cora's welfare, with ongoing supervised contact and a plan for therapeutic support for the mother.

Source excerpt

• Care order
• Child welfare
• Parental responsibility
• Substance misuse
• Domestic abuse
• Child sexual exploitation

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EL (Care and placement order), Re

The Family Court granted a care order and placement order for EL, dispensed with the mother’s consent, and directed reconsideration of sibling and post-adoption contact.

• Care order
• Placement order
• Adoption
• Parental consent
• Child welfare
• Contact arrangements

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East Sussex County Council v The Mother & Ors (Children Staying at Home Under a Care Order)

A Care Order is necessary and proportionate in this exceptional case to allow the Local Authority to share parental responsibility and mitigate risks to the children, while ensuring they remain in their mother’s care, as removal would cause greater emotional harm.

Source excerpt

• Care order
• Supervision order
• Non-molestation order
• Parental responsibility
• Welfare best interests
• Domestic abuse

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A Local Authority v Mother & Ors

The court found that the circumstances were exceptional, with static and dynamic risk factors, gaps in the supervision support plan, and the need for the local authority to share parental responsibility and provide directive support. Therefore, a care order is necessary and proportionate to safeguard the children's welfare.

Source excerpt

• Care order
• Supervision order
• Parental responsibility
• Child protection
• Contact arrangements

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J (A Child) (Inflicted injuries), Re

The threshold criteria under section 31 Children Act 1989 are met as J suffered and was likely to suffer significant harm attributable to the mother's care, including abusive fractures and brain injury. The mother is unable to provide consistent, safe care and has not acknowledged responsibility. No other family member is suitable and the father is incarcerated. Adoption is necessary and proportionate as nothing else will do; J's welfare requires dispensing with parental consent for placement order.

Source excerpt

• Care order
• Placement order
• Child protection
• Adoption
• Threshold criteria
• Significant harm

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Medway v X and Ors

Medway v X and Ors [2025] EWFC 375 (B) (31 October 2025)

The Family Court made care orders for two children, approved reunification with their mother in a refuge, and suspended direct contact with their father pending review.

• Supervision order
• Care order
• Child arrangements order
• Parental responsibility
• Domestic abuse
• Substance misuse

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Buckinghamshire County Council v U & Anor

The threshold criteria under section 31(2) Children Act 1989 are met. U's welfare requires a care and placement order for adoption, with sibling contact order under section 26 Adoption and Children Act 2002. Parental consent is dispensed with as nothing else will do to secure U's welfare.

Source excerpt

• Care order
• Placement order
• Adoption
• Sibling contact
• Parental consent
• Welfare checklist

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Z Local Authority v PQ & Ors

The threshold for public law intervention is crossed due to admitted domestic abuse and risk factors. TU's welfare is best served by remaining in his mother's care with a 12-month Supervision Order, a five-year non-molestation order against the father, a Child Arrangements Order confirming TU lives with his mother, and a Declaration of Parentage for RS. The orders are necessary and proportionate to manage ongoing risks and provide stability.

Source excerpt

• Care order
• Supervision order
• Child arrangements order
• Non-molestation order
• Declaration of parentage
• Domestic violence

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Wiltshire Council v Mother & Ors

Repeated cocaine use by the mother between January and July 2025 was proved on the balance of probabilities based on multiple hair strand tests from three laboratories. The mother's dishonest denial of drug use, combined with actual use, creates significant safeguarding concerns and makes risk unmanageable. Despite improvements in parenting, the risk of relapse and unknown patterns of use undermine safety planning. The potential harm to C outweighs the harm of removal, justifying a Care Order and approval of the local authority's care plan.

Source excerpt

• Care order
• Substance misuse
• Parental responsibility
• Child welfare
• Threshold criteria
• Welfare checklist

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West Berkshire Council v Mother & Ors

The court made a final care order for a 16-year-old girl to remain in residential care, citing relapse risk, parental obstruction, and the need for stable support.

• Care order
• Parental responsibility
• Non-molestation order
• Section 91(14) order
• Child assessment order
• Deprivation of liberty

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