A Local Authority v Mother
[2024] EWFC 308 (B)
Care Proceedings: Future Risk
2 August 2024
[2024] EWFC 246 (B)
Family Court
A baby's parents had anger problems, even though they were caring for the baby well now. Experts said the child would be at risk as she grew older. So, the judge gave the baby to her loving grandparents to keep her safe, even though it was sad for the parents. The grandparents will get extra support to help them and the parents.
Key Facts
- •Child A, a seven-month-old, was the subject of care proceedings.
- •Dorset Council sought a Special Guardianship Order for Child A with the paternal grandparents.
- •Parents wished for Child A to remain in their care or, failing that, a shared care arrangement with the grandparents.
- •Mother had a history of inappropriate force towards her child from a previous relationship.
- •Father had a history of domestic abuse and arson.
- •In-depth assessments, including a parenting assessment and expert psychological report, were conducted.
- •The assessments highlighted the parents' difficulties managing stress and anger, posing a risk of emotional and physical harm to Child A.
- •A supportive extended family network was present but deemed insufficient to mitigate the risks.
Legal Principles
Child's welfare is paramount.
Children Act 1989, section 1(3)
Parental involvement furthers child's welfare unless contrary is shown.
Children Act 1989, section 1(3)
Any interference with family life must be proportionate.
Article 8 ECHR
Court may make Special Guardianship Order without formal application.
Children Act 1989, section 14(a)(6)(b)
Threshold criteria under section 31(2) Children Act 1989 must be met for a Supervision Order.
Children Act 1989, section 31(2)
Assessment of future risk of significant harm considering likelihood, type, consequences, and mitigating steps.
Re: K (Children and Placement Orders) [2020] EWCA (Civ) 1503
Outcomes
Special Guardianship Order granted to paternal grandparents.
Future risk of significant harm to Child A from parents' inability to manage stress and anger, despite good current care. Grandparents offer stability and security.
Supervision Order made for 12 months.
To provide a buffer between parents and grandparents, supporting grandparents and assisting parents in undertaking recommended therapeutic work.