A Local Authority v Mother
[2024] EWFC 308 (B)
L (Parents with disabilities) (Threshold), Re
9 February 2024
[2024] EWFC 24 (B)
Family Court
A baby girl's parents have serious disabilities that prevent them from fully caring for her, even with help. There are also big problems within the family. The court decided the best thing is for the baby to live with her grandparents, who love her and can take care of her. The parents will still see her regularly.
Key Facts
- •L, a very young girl, is the subject of care proceedings.
- •L's parents, M and F, are married and committed to remaining together.
- •L is currently placed with her paternal grandparents and has regular contact with her parents.
- •The parents have multiple severe physical and cognitive disabilities.
- •Significant family tensions and conflict exist between the maternal and paternal families.
- •The Local Authority initially sought an urgent care order due to concerns about L's safety and the parents' ability to care for her.
- •Numerous assessments were conducted, including Care Act Assessments for both parents, an Independent Occupational Therapy Assessment, and a parenting assessment.
- •The assessments revealed significant concerns about the parents' ability to meet L's needs, even with extensive support.
- •The parents initially contested the Local Authority's case but eventually agreed to a care order with L remaining with the paternal grandparents.
- •The mother's agreement was reluctant, viewing the arrangement as temporary and contingent on resolving housing issues and family mediation.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, Section 1(1)
Threshold criteria for care orders (significant harm attributable to care given).
Children Act 1989, Section 31(2)
Article 8 rights (respect for family life) must be considered.
European Convention on Human Rights, Article 8
Equality Act 2010: Reasonable adjustments for disabled parents.
Equality Act 2010
High bar for state intervention; level of intervention should be no greater than necessary.
Various case law cited (Re H, Re G, Re L, Re J, Re B, LCC v AB, Re M)
Outcomes
Final care order made.
L's welfare requires her to be placed with her paternal grandparents due to the parents' inability to meet her needs, even with significant support. The family's complex dynamics and persistent conflicts pose ongoing risks.
L to remain with paternal grandparents.
This placement offers L stability and consistent care, addressing the immediate risks to her well-being. The parents' disabilities and the family dynamics prevent them from providing adequate care.
Contact arrangements defined.
A minimum of 5 hours of contact per week is established, with potential for longer contact depending on activities. The plan prioritizes stability and avoids over-burdening the paternal grandparents.