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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 23 (FPC)
In the Magistrates’ Court
Family Proceedings Court
Before:
Lay Justices
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Between:
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X Local Authority |
Applicant |
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and |
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B |
1st Respondent |
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A C (a child) |
2nd Respondent 3rd Respondent |
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Re C
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MIss Y |
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Mrs R |
for the |
1st Respondent |
Mrs S Mr T |
for the for the |
2nd Respondent 3rd Repondent |
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Hearing date: 10 May 2010
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WRITTEN REASONS
Justices’ Reasons
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1. |
We have read the bundle provided by the Local Authority and heard submissions from the representatives
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2. |
We are asked to consider making a residence order and a supervision order in respect of C. C’s mother is B, she does not attend court today but is represented by Mrs R who has not had instructions since January. C’s father is A, he attends court today represented by Miss S
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3. |
The background is set out fully within the bundle and in particular in the summary filed today. The concerns of the Local Authority are based on mothers’ failure to provide the necessary level of care required. This has been further assessed by an Independent Social Worker, her report being at pages C18 – 34.
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4. |
Father has been assessed positively by the H Centre. The Local Authority plan is for C to be placed with her father under a Residence Order with the support of a Supervision Order for 12 months. They wish to reduce the level of contact between C and her mother to a minimum of three times a year..
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5. |
B does not attend court today but has indicated her support for C being cared for by her father.
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6. |
A supports the application of the Local Authority.
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7. |
The Children’s Guardian also supports the application.
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8. |
Under section 31(2) Children Act 1989 (Care/Supervision Order) we are 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. This is because: we are satisfied on the evidence provided, that the schedules of findings sought by the Local Authority at pages 6-7 of the bundle are found.
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9. |
We have had regard to the welfare checklist and considered the range of powers available to the court
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10. |
We start from the point that we should not intervene in the life of children and families unless it is necessary to do so. We are satisfied that the evidence produced at this hearing is sufficient for us to find that the order sought here is necessary to safeguard the child’s welfare.
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11. |
The court has had regard to Article 8 and has undertaken a balancing exercise of all the parties rights under the Act. We have paid due regard to the interests safeguarded by the Human Rights Act and we are satisfied on reviewing all the information that the measures of interference are fair and proportionate
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12. |
Orders of the court
We make an order that C resides with her father Al with a Supervision Order for 12 months.
In making these order we agree with the amended care plan that contacts to mother should be at a minimum of three times a year.
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