Family Court Balances Parental Rights with Child Welfare in Case of Parents with Learning Disabilities: 'O' and 'Y' Placed in Long-Term Foster Care for Safety

Citation: [2024] EWFC 7 (B)
Judgment on


In the matter of ‘O’ and ‘Y’ ([2024] EWFC 7 (B)), the Family Court grappled with a matter involving children at risk due to parents with learning disabilities. The Local Authority brought the case due to concerns about harm to the children if cared for by their parents. The court had to carefully balance the rights of the parents with the paramount welfare of the children, applying established legal principles around safeguarding children, the standards of ‘good enough’ parenting, and the necessity and proportionality of State intervention.

Key Facts

The children, ‘O’ and ‘Y’, were living separately in Local Authority placements due to concerns of harm caused by their parents’ inability to meet their needs. Both parents, identified as vulnerable adults with learning disabilities, represented by experienced counsel and assisted by intermediaries, made the challenging decision not to oppose the care plans recommended by the Local Authority. The court heard evidence of the children’s needs and past harm, including assessments of their parents’ cognitive abilities, the history of domestic abuse, neglect, and lack of supervision.

Several key legal principles are central to the analysis of this case:

  1. Threshold Criteria (Section 31, Children Act 1989): The court must be satisfied that children are suffering or likely to suffer significant harm due to inadequate care not meeting what would reasonably be expected from a parent. The court found this criterion met based on physical harm, emotional harm, and neglect documented over time.

  2. Welfare Paramountcy Principle (Section 1, Children Act 1989): The welfare of the children is the court’s paramount consideration. The court took into account various professional assessments and reports indicating the children’s improved state while in foster care.

  3. ‘No Order’ Principle: The court should not intervene unless it benefits the child more than making no order at all. This principle emphasizes the importance of familial upbringing unless significant harm risks are present.

  4. Proportionality and Necessity (Human Rights Act 1998): Any interference with the right to private and family life by the State must be necessary for a democratic society and proportionate to the legitimate aim pursued. The court considered the interference of a Care Order necessary and proportionate to protect the children from harm.

  5. Rights of Parents with Disabilities (Re D [2016] EWFC 1): The court must take all steps to ensure that parents with learning disabilities can actively participate in decisions affecting their lives. The need for intermediaries was emphasized to ensure fair proceedings.

  6. Domestic Abuse Consideration: As per Practice Direction 12J, the court had to consider the impact of witnessed domestic abuse on the emotional welfare of children.


The court concluded that the children had suffered significant harm and were likely to suffer further harm if returned to their parents. The unanimous professional opinion was that the parents could not meet the children’s needs, and foster care was in their best interests. Care Orders were made for both children, with plans for long-term foster care, ensuring ongoing contact with their parents and between the siblings.


In ‘O’ and ‘Y’, the court applied the underlying principles of the Children Act 1989, upholding the welfare of the children as paramount while ensuring fair representation and participation of parents with learning disabilities. The case exemplifies the intricate balance courts must strike in protecting children’s well-being while respecting family life and the rights of parents, particularly those with disabilities. Through a Care Order, the court determined that long-term foster care was the most suitable option to provide the children with a stable and nurturing environment. This outcome while maintaining family connections through regular contact, reflects the necessary and proportionate intervention of the State when children’s welfare is at risk.

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