Y (A Child) & Anor, Re
[2023] EWFC 63 (B)
West Sussex County Council v K
6 December 2022
[2022] EWFC 170
Family Court
A mom had a severe brain injury and can't care for her teenage daughter. The court ruled the daughter needs help, even though the mom wasn't a bad parent before, and gave the local council responsibility for the daughter's care.
Key Facts
- •K, a 14.5-year-old, has been in foster care since February 23, 2022, under an interim care order.
- •K's mother suffered a catastrophic brain haemorrhage in November 2021, leaving her with minimal abilities and incapable of caring for K or making decisions on her behalf.
- •K's father died when she was two.
- •Extended family initially cared for K but could not continue.
- •All parties initially agreed threshold wasn't met, proposing K be made a Ward of Court.
- •No suggestion of past harm or poor parenting from the mother before her illness.
Legal Principles
Threshold criteria under section 31(2) of the Children Act 1989 requires the court to be satisfied that the child is suffering, or is likely to suffer, significant harm attributable to the care given (or likely to be given) not being what would be reasonably expected, or the child being beyond parental control.
Children Act 1989, section 31(2)
In determining future risk of harm, the court does not need to establish past parenting failure; the future risk can be evident based on recent events.
Re J (Children) [2013] UKSC 9; Re B (Childcare proceedings: threshold criteria) [2013] UKSC 33
Blame is not a requirement for a finding under section 31; the focus is on causation between the care (or lack thereof) and the harm or likelihood of harm.
Re B (Childcare proceedings: threshold criteria) [2013] UKSC 33
A high bar exists for state intervention, but this does not preclude intervention when a parent is incapacitated and unable to provide care, and no alternative care is available.
Birmingham City Council v D and M [1994] 2 FLR 502
A child is considered 'beyond parental control' if, on the facts, the child is beyond the control of the parent or carer, and likely to suffer significant harm as a result, regardless of the reason for the lack of control.
Lancashire County Council v PX and Ors [2022] EWHC 2379; Re K [2013] 1 FLR 1; Re T (A Child) [2018] EWFC B1
Outcomes
Threshold is met under section 31(2) of the Children Act 1989.
The mother's incapacitation due to a brain haemorrhage renders her unable to provide any care for K, resulting in a likelihood of significant harm to K if no intervention occurs.
Care order granted.
In K's best interests given the mother's incapacity, lack of alternative care, and the need for the local authority to exercise parental responsibility.