Care proceedings for children with disabilities

Care proceedings for children with disabilities

Birmingham City Council v Mother & Ors [2022] EWFC 125

The Local Authority applied for care orders for 2 siblings who had different disabilities. One of the children had developmental delay and the other child had brain damage following difficulties during labour and had significant health conditions and disabilities as a result.

The Local Authority proposed for the child with developmental delay to be placed with the paternal grandparents under a special guardianship order.

The Local Authority sought a care order and placement order for the child with significant disabilities and health needs.

The Local Authority had identified a family who were interested in caring for the child long term. The Local Authority proposed for such placement to be an adoptive placement.

The Judge gave careful consideration of the child’s needs, life limiting condition which meant that their life expectancy was low and the impact of adoption which would significantly reduce the contact the child has with his parents and sibling with whom he has a bond. Therefore the Judge made a care order on the basis that the care plan be amended to allow the child to continue contact with his family.

The full case can be viewed here:

Maria Chainani is an associate in the family department specialising in representing parents, children and extended family members in care proceedings and private law children proceedings. Maria is contactable on 01268 240400