Neutral Citation Number: [2010] EWMC 73 (FPC)

In the X Family Proceedings Court

Re K

Before:
Mr R
Mrs E
Mrs G

Legal Adviser:  Mrs T
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Between:

	X Local Authority	Applicant	
	and		
	M	1st Respondent	
	and		
	GM	2nd Respondent	
	and		
	K
(by her Children’s Guardian, Ms A)	3rd Respondent	

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Ms C	for the	Applicant	
Mr T	for the	1st Respondent	
Mr H	for the	2nd Respondent	
Mr C	for the	3rd Respondent	

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Hearing date: 24 August 2010

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WRITTEN REASONS

The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location and that in particular the anonymity of the child and the adult members of his family must be strictly preserved

Justices’ Facts and Reasons

	These Facts and Reasons have been agreed by all parties save for the First Respondent, who does not oppose nor consent to them, such Facts and Reasons being adopted by the Court and the Court is satisfied the proposed Orders are appropriate in the circumstances of the case.	
	
Facts	
1.	The court is concerned with an application by X Local Authority dated 19/12/08 for a Care Order in respect of K, a girl born [], now aged [].	
2.	Her mother is M.  Her putative father is D who is not present and has not been involved in these proceedings.  He does not share parental responsibility for K.  Her maternal grandmother GM is also a party to the proceedings.  She shares parental responsibility for K by virtue of a Residence Order made on [].	
3.	The background is set out in the case summary prepared for the hearing on 19/5/10 and the agreed facts prepared for the hearing on 25/8/10 at A62 of the bundle.	
4.	At the hearing on 25/8/10, the local authority did not invite the court to renew the Interim Care Order.  Instead the parties all agreed that K should be placed with her grandmother under a Residence Order but subject to a rehabilitation plan.  The local authority also invited the court to make an Interim Supervision Order.  At that stage, until final evidence had been filed and so the rehabilitation plan could be overseen, the Court was not invited to conclude proceedings.  The court made the Residence Order until the final hearing and the supervision order to be periodically renewed until the final hearing.	
5.	The rehabilitation plan put together at court on the last occasion took place and K moved in with her grandmother on [].  K has settled in the care of her grandmother.  Her school reports that the move has not affected her school work and they have no concerns.	
6.	GM will continue to facilitate/supervise contact between K and her mother.	
7.	The local authority’s plan, as set out in the final care plan at C37, is for K to remain in her grandmother’s care under a Residence Order and for the local authority to hold a Supervision Order for one year in order to continue to assist the family in the short term.  All parties agree with this plan and, in particular, it is noted that K is content with it.	
	Reasons	
8.	As we are considering the making of a final Order, we must first consider the issue of whether an anonymised version of this judgment should be publicly recorded.  The parties’ legal representatives have raised no objections to such reporting and we make an Order that an anonymised version of our Facts and Reasons in these proceedings be published, following approval by all the parties.	
9.	K is not able to return to the care of her mother for the reasons set out within the evidence filed within these proceedings.	
10.	We are satisfied that there is a need for a Residence Order in favour of grandmother so that K can continue to live in her care.  We therefore make a Residence Order in favour of GM in respect of K (DOB ).	
11.	We are also satisfied that the local authority requires a Supervision Order for one year to assist the family and provide time limited advice and support.  We are satisfied that the threshold criteria for this final order are met for the same reasons as previously given by the justices in respect of the Interim Care Order.  We therefore make a supervision order until midnight on 24/8/11.	
12.	K’s welfare is our paramount consideration and we believe that these orders are necessary to protect her best interests.  We have considered the welfare checklist and are aware that all parties are in agreement that this is the best course of action.	
13.	We have considered the no order principle and believe that it is necessary to make these final orders today.	
14.	We have also considered the Human Rights Act 1998 and although these orders are an intervention into the life of this family, we believe that they are justified, necessary and proportionate in all the circumstances.	
	Orders	
15.	The child, K (DOB: ), shall reside with GM.	
16.	There shall be a Supervision Order in favour of X Local Authority in respect of the child K (DOB: ) until midnight on 24/8/11.