Case No. EWFC-63
Family Court

Case No. EWFC-63

Fecha: 27-Feb-2023

Re B (A Child) (Care Proceedings Threshold Criteria) [2013] UKSC 33

, that the aim should be to reunite the family when circumstances permit that. I bear firmly in mind there is a need a need to scrutinise the local authority very carefully and their plan to see whether the other options open to the court better meet the needs of the child.79.I also bear in mind that in F (a child) (placement order: proportionality) [2018] EWCA Civ 2761, Lord Justice Jackson said: “ In these circumstances, close attention needed to be paid to the nature and extent of the risks. As foreshadowed at the start of this judgment, there must be (to borrow a phrase from a different context) an intense focus on the type of risk that is involved, how likely it is to happen, and what the likely consequences might then be. Only by carrying out this exercise is it possible to know what weight to give to the risks before setting them alongside other relevant factors. So, for example, the risk of further physical harm to a child who has been severely injured by a denying parent is likely to be a factor of predominant weight. By contrast, to borrow from the evidence in this case, where a mother who untruthfully denies drinking goes to a park at night to drink alone, leaving her baby with its grandmother, the court will view that risk with a sense of proportion. 80.In considering the application before me, I must have regard to the Article 6 and Article 8 rights of all those concerned under the European Convention of Human Rights. I must be satisfied that any interference with the Article 8 rights of the parties is in accordance with the law, necessary in a democratic society and proportionate. In the event that the Article 8 rights of the parent conflict with the Article 8 rights of the child, then it is the child’s rights that must be given priority. I bear firmly in mind that a care order represents a drastic curtailment of the rights of the mother and her wishes under Article 8 of the European Convention on Human Rights and Fundamental Freedoms, which can only be justified by pressing concern for the children’s welfare. 81.In considering the application for a care order, the welfare of the children is my paramount consideration. I have given particular attention to the matters contained in the welfare checklist at