Who will the judge likely side with?

[Shaftesbury]

My children are currently accommodated under a care order at home, so they are in care but living with me.

The final hearing is about to take place.

The LA's final care plans have been ratified by the IRO and I have seen their final statement.

I am about to submit my final statement.

Then the guardian will submit theirs.

I was wondering if anybody could advise who the judge generally sides with in these cases please?

[Suzie, FRG Adviser]

Dear Shaftesbury,

Welcome to the parents' board and thank you for your post.

Your children are currently subject to care proceedings and are living with you under an interim care order. The final hearing is coming up and you have seen the local authority's proposed care plan. You are about to submit your final statement, as will the Guardian. You would like to know who the Judge is likely to 'side with.'

It is not possible for me to say what will happen in your case and what decision the Judge is likely to make. You say that you have seen the local authority's care plan - are they advocating for the children to remain in your care, and are they seeking any orders? Do you agree with the care plan or wish to challenge this? It is important that you discuss your position with your solicitor and anything you may wish to challenge at the final hearing. Have you spoken to the Guardian about their views? Are they in support of the local authority's care plan?

The Judge in every case will consider all evidence available to them and will follow a number of principles when deciding the longer term care of your child. The court can only make a care or supervision order if the threshold criteria has been met, which means that:
- At the time children’s services first got involved in protecting your child, s/he was
suffering or was likely to suffer significant harm; and that
- The harm was due to the care being given to your child before the case started
not being ‘what it would be reasonable to expect a parent to give to him/her’ or
because s/he was out of your control.

If the court finds that threshold has meet met, the Judge will only make an order if they find this to be absolutely necessary, and that to do so would be better than making no order at all. This is known as the no order principle.

The court will also be guided by the paramountcy principle, which means that your children's welfare will be the paramount consideration when any decisions about their upbringing are made. To do this, the Judge will consider a list of factors known as the welfare checklist.

It may be helpful for you to read more about what to expect at the final hearing on our care proceedings advice sheet.

I hope you have found this helpful.

Best wishes,

Suzie