Caselaw Digest
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Gloucestershire County Council v A & Ors

[2024] EWFC 18 (B)
A baby was taken from his parents due to their drug problems. They got help, became clean, and the baby went back home. The judge made a supervision order to help them keep it up.

Key Facts

  • Care proceedings were issued for C, a baby born on 22 June 2023, due to the parents' history of substance misuse.
  • Both parents have a history of substance misuse and other complex needs.
  • An interim care order was made on 23 June 2023, placing C in foster care.
  • The parents engaged with the Family Drugs and Alcohol Court (FDAC) programme.
  • The parents achieved abstinence from non-prescription drugs and engaged in therapeutic work.
  • C returned to his parents' care on 11 December 2023.
  • The local authority proposed a Supervision Order.

Legal Principles

The welfare of the child is paramount.

Children Act 1989

Any order must be necessary and proportionate.

Article 8 ECHR

Consideration of the child's Article 8 rights and the parents' Article 8 rights.

Article 8 ECHR

Outcomes

A Supervision Order was made for 12 months.

The parents had made significant progress in addressing their substance misuse and other issues, and C was thriving in their care. A supervision order was deemed a necessary and proportionate response to ensure ongoing support and monitoring.

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