England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

A

1^st Respondent

B

2^nd Respondent

(a child)

3^rd Respondent

Miss X

for the

Applicant

Miss Y

for the

1st Respondent

Miss Z

for the

2^nd Respondent

Miss W

for the

3^rd Respondent

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 the Issues Resolution Hearing of the Care Proceedings for C age 10 months.

2.

C is the daughter of A and B. Both parents are present in court today and are legally represented. C is represented by Miss W and the Children’s Guardian is G.

3.

Care proceedings were issued by the Local Authority in December 2009 shortly after the birth of C. C has since been the subject of Interim Care Orders and has been place in the primary care of her father B, initially at the paternal grandparents’ home with the mother A attending for contact. However, within the course of the proceedings the parents have resumed living together in their own home with C. B continues to be the primary carer, with the Local Authority’s agreement.

4.

During the course of the proceedings A underwent a psychiatric assessment, the conclusion of which was positive (C7-12 and C17-18). In addition both parents undertook an assessment at the Family Assessment Centre. This assessment concluded the C should remain in the care of A and B, with B continuing to be C’s primary carer. The assessment did take into account that A did have a relapse the course of the assessment and took some illegal substances. (25-68).

5.

The Local Authority Care Plan (CP4-12) supports C remaining in the care of her parents, with B being the primary carer, but under a 12 month Supervision Order. The parents do not oppose the making of a Supervision Order and this is supported by the Children’s Guardian.

6.

It is proposed that a meeting will be held to identify the contents of a supervision plan which the parents will be expected to agree to, sign and abide by.

7.

It is intended that there will be a review of the Supervision Order 6 months after the date the Order is made and a further review will be arranged before the end of the 12 month period.

8.

It is intended that the parents also enter into an agreement with the Local Authority that B will continue to be the primary carer for C.

9.

We have read the papers filed in these proceedings, heard the submissions of the party’s representatives and considered the Local Authority Care Plan and the children’s Guardians’ report.

10.

The schedule of findings sought by the Local Authority (7-8) is not opposed by the parents and we make the findings as sought by the Local Authority.

11.

The threshold criteria having been met, we adopt the Children’s Guardian’s consideration of the Welfare Checklist as set out in his report.

12.

We are satisfied that in all the circumstances the making of a Supervision Order for 12 months is the most appropriate Order in these Proceedings and is a proportionate response to the Local Authority’s concerns.

13.

We therefore make a Supervision Order in respect of C until 10 September 2011.