The District Court ordered a child to remain in care until reaching adulthood after finding that returning the child to either parent at that time posed a real or substantial risk of future harm.
The Child and Family Agency had applied under section 18 of the Child Care Act 1991 for a care order until the child’s 18th birthday. The child was three at the hearing. Both parents opposed the application. The Guardian ad Litem supported a care order for the child’s minority, with a review after a year.
The mother acknowledged drug addiction and told the court of plans to attend residential treatment and follow-up support. Her counsel argued for a shorter order. The father did not give evidence and put the Agency on full proof. His counsel accepted that his accommodation was unsuitable for caring for the child, while disputing the adequacy of the Agency’s assessments and arguing for a shorter order and access aimed at reunification.
The judge found that the child had suffered neglect while in the mother’s care, and that her admitted drug use and low mood had negatively affected her parenting. The judge also found limited engagement by the mother with offered support. As to the father, the judge found he had failed to disclose significant information, his accommodation was unsafe for the child, and he had a poor history of engagement with support services. The judge found the Agency had adequately assessed the parents’ capacity and the risks of returning the child to their care.
The court held that the findings met the threshold under section 18(1)(b) and (c), and that the child needed care or protection unlikely to be provided without an order. It concluded an order until age 18 was proportionate and necessary. The order is not to expire until August 2029.
The court directed the Agency to bring the case back in specified circumstances, including a six-week period without an allocated social worker or fostering link worker, a change in the planned foster placement, missed statutory reviews, or failure to begin long-term foster care matching within 12 weeks. A full review of progress in care is to take place in November 2015.
The Agency was directed to facilitate reasonable access between the child and both parents. It must consider the Guardian ad Litem’s recommendations and include the possibility of reunification if either parent makes sufficient progress. The judge also directed that aftercare planning begin within a month of the child’s 16th birthday in August 2027, with the case to return to court in 2028 to assess aftercare needs.