P and Q (Minors) (No 2) (Inadequate Local Authority Assessment), Re
[2024] EWFC 153
P and Q (Minors) (No.3) (Care Orders: Placements at Home), Re
28 June 2023
[2024] EWFC 154
Family Court
A baby got hurt, and it was the mom's fault. The local government messed up a lot, but now they have a good plan to help the family and keep the kids safe. The judge decided to give the government more power to make sure the plan works, even though the kids stay with their parents. It's a tricky situation, but the judge prioritized keeping the kids safe.
Key Facts
- •Nine-month-old Q suffered a serious skull fracture and subdural hematoma.
- •Mother (M) gave no plausible explanation for the injuries.
- •Local Authority (LA) initially sought care orders but later attempted to withdraw proceedings.
- •The court found M inflicted Q's injuries.
- •LA's risk assessments were repeatedly deemed inadequate.
- •Independent expert assessments revealed significant risks and recommended therapeutic interventions.
- •LA changed its approach and agreed to fund recommended therapies and support.
- •Parents consistently denied M's wrongdoing.
- •Proceeding were in their 85th week
Legal Principles
Children's welfare is paramount.
Children Act 1989, Section 1(1)
Delay prejudices a child's welfare.
Children Act 1989, Section 1(2)
Court must consider welfare checklist.
Children Act 1989, Section 1(3)
Orders must be in the child's best interests.
Children Act 1989, Section 1(5)
Care or supervision order can be made if child is suffering or likely to suffer significant harm attributable to inadequate care.
Children Act 1989, Section 31(2)
Part IV proceedings should conclude within 26 weeks unless extension is necessary for justice.
Children Act 1989, Section 32(1)(a), (5)
Orders must be necessary and proportionate to protect Article 8 rights.
Article 8, European Convention on Human Rights
Guidance on making care orders with children placed at home.
Re JW (Children at Home under Care Order) [2024] 1 FLR 409
Care order should only be made if necessary for protection, weighing harm of removal against future harm.
Re D (A Minor) (Care or Supervision Order) [1993] 2 FLR 423; Re S (Care or Supervision Order) [1996] 1 FLR 753; Re B (Care Order or Supervision Order) [1996] 2 FLR 693
Outcomes
Final care orders made with children remaining at home.
Significant risk of serious harm, despite a year of safe placement, necessitates high level of supervision and therapeutic intervention. Care order provides necessary authority for LA to oversee and implement the plan.