Buckinghamshire Council v Mother & Ors
[2024] EWFC 338 (B)
S (A Child), Re (Placement with Father)
11 November 2024
[2024] EWFC 329 (B)
Family Court
A baby girl's parents were fighting over custody. Because the mom has serious mental health problems and a history of not being able to care for her other children, the judge decided that the baby should live with her dad, with help from social services. The mom can see the baby, but only with supervision.
Key Facts
- •S, a girl born in 2023, is the subject of public law proceedings.
- •Mother has a history of bipolar affective disorder and postnatal psychosis, resulting in previous children being removed from her care.
- •Father has a history of cannabis misuse and there is a history of domestic abuse between the parents.
- •S is currently living with her father, with supervised contact with her mother.
- •Local Authority 1's care plan is for S to live with her father under a supervision order, with LA 2 as the supervising authority.
- •The parenting assessment concluded the mother is unable to provide safe care due to mental health and other factors, while the father is capable with support.
Legal Principles
Threshold criteria in section 31(2) of the Children Act 1989 must be met before a supervision order can be made.
Children Act 1989
Child's welfare is the paramount consideration.
Children Act 1989, section 1(3)
The court must have regard to the rights to family life under Article 8 of the European Convention on Human Rights.
Article 8, European Convention on Human Rights
Outcomes
Supervision order made for 12 months, with LA 2 as the supervising authority.
This is in S's best interests given the mother's inability to provide adequate care and the father's capacity to do so with support. The assessment evidence strongly supports this decision.
Child arrangements order made for S to live with her father.
To clarify the primary carer for S and provide stability.
Plan for supervised contact between S and her mother.
To allow for family time while protecting S from potential harm.