Stockton Borough Council v M & Ors
[2023] EWFC 260
Darlington Borough Council v M & Ors
12 April 2024
[2024] EWFC 193 (B)
Family Court
A little girl's parents fought, drank too much, and weren't always honest. Social workers wanted to move her to foster care. The judge considered the risks of staying with her mom versus being taken away. The judge decided that even with the parents' problems, it was better for the girl to stay with her mom, but with extra support and supervision from social workers.
Key Facts
- •C, a 5-year-old girl, was subject to care proceedings due to concerns about parental domestic abuse, drug and alcohol misuse, the father's mental health, and parental lack of insight.
- •The mother, M, and father, F, had a volatile relationship marked by domestic violence and substance abuse.
- •The local authority initially proposed a plan for C to remain with her mother under supervision, but later changed their plan to long-term foster care after a breach of a safety plan.
- •The breach involved the father visiting the mother's home over Christmas, an event the mother initially denied.
- •The Children's Guardian initially supported the local authority's initial plan but later opposed the long-term foster care plan.
Legal Principles
The paramount consideration in care proceedings is the child's welfare.
Children Act 1989, s.1
The court must make the least interventionist order that meets the child's welfare needs.
Children Act 1989
Risk assessment in care proceedings involves considering the type of harm, likelihood of it arising, consequences, risk reduction, comparative evaluation, and proportionality.
Re F (A Child: Placement Order; Proportionality) [2018] EWCA Civ. 2761
Lies told by parents are significant only insofar as they affect the child's welfare and undermine protection systems.
Re F (A Child: Placement Order; Proportionality) [2018] EWCA Civ. 2761
The court must consider all evidence, including that of the Children's Guardian, but retains ultimate decision-making power.
QS v RS (No 2) (Application to Terminate Appointment of Guardian) [2016] EWHC 1443 (Fam)
The court should avoid social engineering and focus on realistic assessments of risk and harm.
Northeast Lincolnshire Council v. G & L [2014] EWCC B77; Re A [2015] EWFC 11
A strong link must be demonstrated between the facts and the conclusion that the child is at risk of significant harm.
Re A [2015] EWFC 11
Outcomes
The court rejected the local authority's plan for long-term foster care.
The court found that the risks associated with C remaining in her mother's care, while significant, were not disproportionate to the harm caused by removing her. The court considered the mother's generally good care, the strong bond between mother and child, and the low likelihood of future breaches.
A child arrangements order was made in favour of the mother.
This decision reflects the court's finding that C's welfare is best served by remaining with her mother.
A 12-month supervision order was imposed.
This order aims to support the mother and mitigate identified risks through ongoing supervision and support plans.