England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

Miss P

1^st Respondent

Mr D

2^nd Respondent

Miss W

3^rd Respondent

T (a child)

4^th Respondent

1.

Evidence received by the court

We have read the bundle and heard representations.

2.

Background to application

This is the Local Authority’s application for a care order in respect of T, date of birth [a date]  

3.

T’s parents are Miss P and Mr D.

4.

The local Authority issued these proceedings in relation to T because of initial concerns of neglect and domestic violence as set out in the court documents.

5.

The Local Authority plan is that T should be cared for by maternal Great Aunt, Miss W.   Both mother and father agree with this plan.   Today we are asked to make a care order as there are some outstanding issues in relation to financial matters between the Local Authority and Miss W, which the Local Authority is optimistic of resolving.   At that point consideration will be given to revoking the care order and making a Special Guardianship order in favour of Miss W.  Threshold is conceded on the basis of the document set out in the bundle on pages 13 – 15 dated 9.12.09.   We accept the amended schedule in relation to the Threshold Criteria that has been agreed between the parties.

6.

Findings of the court regarding statutory/ threshold criteria

Section 31(2) Children Act 1989 (Care/Supervision Order)

The court is satisfied that:

a)    the child is suffering, or is likely to suffer, significant harm; and

b)    that the harm, or likelihood of harm, is attributable to

the care given to the child, or likely to be given to her if the order were not made, not being what it would be reasonable to expect a parent to give to her.

7.

This is because: of the matters indicated in the Local Authority’s schedule in relation to threshold.

8.

Welfare Checklist (s1 (3) Children Act 1989)

The court adopts paragraphs 6 to 35 in the report of the Children’s Guardian dated 1 December 2009 in relation to the checklist.

9.

Human rights considerations

The court has had regard to Article 8 and has undertaken a balancing act of all the parties rights under the Act.  It is satisfied that the making of the order is a necessary and proportionate measure.

10.

Order(s) of the court

We accept today that it is appropriate to make a Care Order in respect of T in favour of X Council.  

11.

We leave the contact to be at the discretion of the Local Authority as outlined in the care plan dated 8.12.09.   Contact will be reviewed at the Looked After Child reviews which take place on a six monthly basis.

12.

We are optimistic that in the fullness of time the Care Order will be discharged and a Special Guardianship Order made in favour of Miss W.

13.

Before Magistrates

14.

9^th December 2009