This decision is part of the Family Courts Information Pilot - please tell us how useful you found the information by participating in this brief survey.
The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved
Neutral Citation Number: [2010] EWMC 12 (FPC)
In the Magistrates’ Court
Family Proceedings Court
Before:
A District Judge
- - - - - - - - - - - - -
Between:
|
X Local Authority |
Applicant |
|
and |
|
|
Ms L Mother Mr H Father B a child through his Children’s Guardian |
1st Respondent 2nd Respondent 3rd Respondent |
|
|
|
|
|
|
- - - - - - - - - - - - - -
- - - - - - - - - - - - -
Mrs A for the Applicant
Mr W for the 1st Respondent
Ms C 2nd Respondent
Ms S for the 3rd Respondent
Hearing dates: 23rd March 2010
- - - - - - - - - - - - - - - - - - - - -
These Facts and Reasons have been agreed by consent by the parties and have been adopted by the Court and the Court is satisfied that the parties have agreed terms and the proposed order is appropriate in the circumstances of the case.
1. |
This is an application for a Supervision Order for a period of 12 months made by the Applicant Local Authority X City Council.
|
2. |
The background to this case is well documented within the papers. The mother has been known to social services since the age of 9 years and she was accommodated by social services prior to her 11th birthday due to neglect and physical abuse. The mother’s first child was removed from her care following a negative assessment which concluded the mother was unable to parent her child independently. Since that time the mother exercises supervised contact with her first child.
|
3. |
On the 5th June 2009 the Local Authority carried out a pre-birth assessment of the mother and father, the conclusion of that assessment was that the unborn baby should be removed at birth due to the risks of neglect and emotional harm. The parents did not agree to the child being accommodated.
|
4. |
B is 8 months old and an interim care order was granted to X Local Authority shortly after his birth with the parents and child being placed at a residential assessment unit. The outcome of the residential placement was positive and the reports can be found within the court bundle at pages C141 – C155. The family moved into the community in December 2009 and into new premises in early February 2010. The move was monitored and supported by social care and has been successful. B continues to thrive in his parents’ care. |
5. |
B attends the children centre on a weekly basis and the parents seek advice from the workers as and when they require it. The paternal grandparents offer additional support and the Local Authority is confident that the support the family have is sufficient and successful in meeting their needs and B’s. |
6. |
A court may only make a care or supervision order if it is satisfied that the child concerned is suffering, or is likely to suffer, significant harm and, that the harm or likelihood of harm, is attributable to the care given to the child, or likely to be given if the order were not made, not being what it would be reasonable to expect a parent to give to him, or the child is beyond parental control. The Local Authority contends that the threshold criteria has been met. The agreed schedule of findings document can be found at pages 3-4 of the bundle.
|
7. |
Even if the threshold criteria is satisfied the court does not have to make an order unless it is a positive advantage to the child, Section 1(5) Children Act 1989. It is submitted on behalf of the Local Authority that the welfare of the child requires the making of a supervision order for a period of 12 months. This way continued support and monitoring can be offered to the family, the final care plan situated at pages CP 16 – CP25 of the bundle sets out the support to be offered over the twelve months of the supervision order. |
8. |
The court adopts the welfare checklist within the Guardian’s report situated at pages C157 – C162 of the court bundle.
|
9. |
The court has had due regard to Article 6 and Article 8 of the Human Rights Act and note that the parents are represented and have had the opportunity of a fair trial, further that in relation to a right to family life the order being made is necessary and proportionate to safeguard B’s welfare. |
10. |
The mother and father have filed statements at pages B6 and B8 respectively, both agree to the Local Authority’s application. The Children’s Guardian supports the Local Authority’s application.
|
11. |
I therefore make a Supervision Order for a period of 12 months to X Local Authority in respect of B. |
12. |
Heard before a District Judge Magistrates Courts on 23.3.10.
|