A Local Authority v Mother
[2024] EWFC 308 (B)
The Local Authority v B & Anor
22 February 2024
[2024] EWFC 43 (B)
Family Court
A 3-year-old's mom has mental health problems. The court decided it's best for the child to live with the grandparents for now, while mom gets better. The mom can still see the child frequently, and there is hope that the child can live with the mother in the future.
Key Facts
- •Care proceedings concerning 3-year-old A.
- •Local authority seeks care order, proposing placement with paternal grandparents.
- •Mother wishes for A's return but has significant mental health issues, including a history of cannabis use.
- •Father is incarcerated and unable to care for A.
- •Mother's mental health assessments reveal complex PTSD and emotional instability.
- •Expert recommends EMDR therapy for mother before A's return.
- •Significant concerns regarding the mother's ability to provide consistent and safe care.
- •Complex relationship between mother and grandparents.
- •Dispute over frequency of mother's contact with A.
Legal Principles
Threshold criteria for care order under s.31 Children Act 1989: child suffering or likely to suffer significant harm attributable to care.
Children Act 1989
Court's paramount consideration is the child's welfare, having regard to the welfare checklist in s.1(3) Children Act 1989.
Children Act 1989 s.1(3)
Care orders at home are only made in exceptional circumstances.
Re JW [2023] EWCA Civ 944
Guidance on clarifying judgments (Re YM (Care Proceedings) (Clarification of reasons) [2024] EWCA Civ 71).
Re YM (Care Proceedings) (Clarification of reasons) [2024] EWCA Civ 71
Outcomes
Care order granted, placing A with paternal grandparents.
Current arrangement provides loving and stable care while allowing mother to undergo necessary therapy. Returning A to mother's care currently presents unacceptable risk due to her mental health.
Mother's contact with A to remain at three times per week.
Current contact arrangement has been successful. Reducing contact would be detrimental, especially given the local authority's stated intention to work towards eventual rehabilitation.