Key Facts
- •16-year-old B, involved in organized crime and drug supply, is subject to an application for injunctive relief by his mother, A.
- •B is also under investigation for sexual assault.
- •B's involvement in crime puts his family at risk.
- •B is in a semi-independent living arrangement supported by the local authority under section 20 of the Children Act 1989.
- •B is engaged in a scaffolding apprenticeship.
- •The local authority provides comprehensive support, including a multi-agency team and various professionals.
- •The court considers whether a care order is necessary.
Legal Principles
Section 20 of the Children Act 1989 emphasizes partnership and does not involve compulsory curtailment of parental responsibility. Consent under Section 20 must be informed and fairly obtained, considering the Mental Capacity Act 2005 and Articles 6 and 8 of the ECHR.
Coventry City Council v CBCA and CH [2012] EWHC 2190 (Fam)
Parental responsibility cannot be surrendered or transferred, but can be arranged for by others on the parent's behalf. Section 20 arrangements can be long-term.
Williams v London Borough of Hackney [2018] UKSC 37 and Re: S (a child) and Re: W (a child) (section 20 accommodation) [2023] EWCA Civ 1
A care order must be necessary, proportionate to Article 8 rights, and consistent with the child's welfare.
Children Act 1989, Section 1
Outcomes
The proceedings are terminated. No care order is made.
A care order is deemed unnecessary and disproportionate. B is receiving adequate support under section 20, and a care order would not offer additional benefits and might harm his progress.