London Borough of Waltham Forest v The Mother & Anor
[2023] EWFC 320 (B)
London Borough of Redbridge v M & Ors
31 July 2024
[2024] EWFC 300 (B)
Family Court
A judge decided a child (VN) needs to live in foster care because her parents have problems (mental health, drugs, fighting). The judge wants VN to eventually go back to her mum, but mum needs to get better first. A plan was made with support for both the mum and VN to help this happen.
Key Facts
- •Care proceedings concerning VN, a child born on [redacted].
- •Local Authority applied for interim and final care orders due to concerns about neglect and escalating risks to VN's welfare.
- •VN's mother has mental health issues, including PTSD and mood disorders, and a history of substance abuse.
- •VN's father has concerns about her safety and has withdrawn from caring for her.
- •VN frequently goes missing and engages in risky behaviours.
- •VN has expressed a strong desire to be with her mother.
- •The parties ultimately agreed to a final care order with a plan for VN to eventually return to her mother's care.
Legal Principles
The paramount consideration in all care proceedings is the welfare of the child.
Children Act 1989
The court must consider the child's wishes and feelings.
Children Act 1989
A care order should only be made if it is better for the child than making no order at all.
Children Act 1989
Outcomes
A final care order was made for VN.
The court found that the threshold criteria were met and that a care order was necessary to protect VN's welfare. Despite VN's wishes to be with her mother, the court determined that her current placement in foster care was the best option given her mother's ongoing mental health and substance abuse issues, housing instability, and the risks VN faced.
A plan was put in place for VN to potentially return to her mother's care in the future.
The plan outlines support for both VN and her mother, including mental health treatment, substance abuse support, and parenting programs. The success of this plan depends on the mother's active participation and progress.