Child Care proceedings abandoned due to parents progress

By Tom AtkinsonPublished 1 January 2020Updated 12 August 20266 mins read3 sections

Part of: Section 47 Report Explained: What Happens During Section 47 Enquiries?

We often hear about care proceedings in which children are removed from their parents because of concerns about their welfare. In this article, our family lawyers look at a reported case in which the local authority withdrew its application after the parents made significant changes to their lives.

This page describes the law of England and Wales.

Local Authority begin Child care proceedings

The case of X (A Child : care order) (3) [2017] EWFC B40 concerns child care proceedings about a little boy who is five months old. His parents cared for him since he was born but, due to concerns that people had at the time the case began, the child has been subject to an interim care order. The local authority began the proceedings in January 2017, and an interim care order was made on 6 February 2017.

The local authority was worried about the mother’s alcohol use, domestic abuse within the parents’ relationship, housing issues, and a lack of engagement with ante-natal and other services. The parents moved between different local authority areas which made it difficult to assess them. There was not much background information about the parents, but it transpired the mother had two older children who she did not have contact with and were living with family members in their home country.

Due to the uncertainty about the parent’s ability to meet the needs of their expected child and to co-operate successfully with professionals, the local authority began these proceedings after the child’s birth.

Before a court can make a care or supervision order, the local authority must show that the child is suffering, or is likely to suffer, significant harm attributable to the care being given (or likely to be given) to the child, or to the child being beyond parental control. This is known as the “threshold criteria” and is set out in section 31 of the Children Act 1989

Despite the issues with the parents the child continued to live with them

At the first hearing, it was agreed that the child would remain living with his parents but with a tight placement agreement and support package. The child has remained living with his parents during the court case and things have turned out very well.

The judge noted the issues raised by the local authority as:

• Mother has used alcohol excessively and there have been reports of incidents of domestic abuse within the household. The mothers excessive drinking has the potential to impair her parenting capacity and expose the child to the risk of significant harm.
• The relationship between the mother and the father has included physical and verbal abuse, with the mother having been convicted of battery in December 2016 following her assaulting the father. This again exposes the child to the risk of emotional harm.
• The parents have lived an unstable lifestyle which has resulted in the family moving between three different local authority areas during the mother’s pregnancy. This unstable lifestyle is not conducive to providing safe and consistent care to the child and would place him at risk of significant harm in the form of neglect of his physical and emotional needs.
• The mother has not consistently engaged with ante-natal care services and failed to attend appointments. In doing so she has failed to prioritise the health and welfare of the child and placed him at risk of suffering physical harm.

Parents change their lifestyle for the welfare of their child

The judge considered the social worker’s final statement and assessment of the parents within the set of child care proceedings. The social workers noted there have been no worries at all about the care which the child has received from his parents during the court case. The parents have worked well with the local authority and have clearly made significant changes in their life since their child’s birth.

The mother has during the case worn a bracelet which monitors alcohol use and intake. There is no evidence to suggest the mother has been drinking. The social worker confirmed there had been no evidence whatsoever of the mother drinking during the proceedings, despite intensive monitoring by professionals.

The situation between the parents also seems to have improved as there have been no reports of domestic abuse made by either of them or reported by anyone else. Although there are still some concerns on the part of the social worker in respect of the couple’s relationship, the parents have agreed to do work around this.

The local authority recognised the positive changes of the parents, but there are still some worries around the mother’s ability to continue to abstain from drinking and also regarding the couple’s relationship. The local authority therefore asked the court for a twelve-month supervision order. A supervision order places a child under the supervision of the local authority, whose role is to advise, assist and befriend the child, while the child remains living at home. It initially lasts for up to one year and can be extended by the court, up to a maximum of three years in total.

Child Care proceedings abandoned by the local authority

The judge concluded that the parents can offer the child what he needs, he had thrived in their care and had a secure attachment to both of them. Growing up in the parents care would give him the best possible childhood whereas removing him from their care would cause him emotional harm.

The judge concluded by stating “Making change to one’s life is never easy, and the changes made by the parents are significant. They deserve to be praised for being able to put their child first. I very much hope they will be able to continue to do so, knowing that the result of the changes they have made has been their son being able to grow up in their care. So many parents are unable to make the changes their children need, and judges such as me sadly often end up removing children from their families, so for me it has been a delight to deal with this case and for it to end as it has”.

Consult us for FREE legal advice today on child care proceedings

If you are involved in care proceedings and want to understand the process, your options and how to work constructively with the local authority, our family lawyers can offer tailored advice and support at every stage. Contact our family lawyers in Newcastle on 0191 814 1000 to discuss your options or let us call you back. We specialise in all areas of child law and will be happy to assist.