O and Y (Parents with Learning Disability: Intermediaries), Re
[2024] EWFC 7 (B)
E and H (Care Orders), Re
5 March 2024
[2024] EWFC 49 (B)
Family Court
Two kids are at risk because their parents can't care for them properly, despite lots of help. A judge decided the kids need to live with foster parents to be safe, even though the kids want to stay with their mom and dad. The judge thought keeping the kids safe was more important.
Key Facts
- •Two children, E and H, of secondary school age, are at the center of care proceedings.
- •The Local Authority seeks Care Orders, proposing long-term foster care due to concerns of significant harm (physical, emotional, neglect).
- •H has Type 1 diabetes, with concerns about parental management and his health.
- •E has a history of self-harm and poor school attendance.
- •Parents oppose the removal, with the mother seeking to retain care and the father offering himself as an alternative.
- •Children's Guardian supports the Local Authority's application.
- •Interim Supervision Orders were previously granted, with interim removal rejected by the court.
- •Multiple professionals (social workers, psychologists, medical professionals) provided evidence.
- •Extensive history of interventions and support services failed to adequately address the children's needs.
- •Mother failed to comply with court orders for alcohol testing.
Legal Principles
Local Authorities' duty to safeguard and promote children's welfare.
Children Act 1989
Threshold criteria for Care Orders/Supervision Orders (significant harm attributable to parental care).
Children Act 1989, s.31(2)
Paramount consideration of child's welfare; welfare checklist (s.1(3)); non-intervention principle (s.1(5)).
Children Act 1989, s.1
Definition of 'harm' (ill-treatment or impairment of health/development).
Children Act 1989, s.31(9) and 105
Balancing of Article 8 ECHR rights (respect for private and family life) with the necessity and proportionality of state intervention.
Human Rights Act 1998, Article 8
Civil standard of proof (balance of probabilities).
Outcomes
Care Orders granted for both children, with a plan for placement in long-term foster care.
Threshold criteria met; significant harm suffered and likelihood of future harm; parents unable to meet children's needs despite extensive support; children's wishes considered but outweighed by safety concerns; proportionality and necessity of state intervention established.
Specific contact plans with parents are endorsed.
Transitional plan to allow adjustment, with ongoing review to ensure best interests.
Local Authority directed to file updated care plans.
To include details of therapeutic input and school support.