Re S (A Child) & Anor (s 20 Accommodation)

Lady Justice King:

These appeals concern the interplay between care orders which have been made pursuant to section 31 Children Act 1989 (‘CA 1989’) and the voluntary accommodation of children in need under section 20 CA 1989 (‘section 20’). The issue is whether and in what circumstances, the threshold criteria having been established and there being in place an agreed care plan, the court should decline to make an order under section 31 CA 1989 and instead should make no order in accordance with the ‘no order’ principle as set out in section 1(5) CA 1989.

Re S is an appeal against the order of HHJ Atkins of 24 June 2022 whereby he ordered that a child S, aged 9 years, should be made the subject of a care order in favour of the London Borough of Sutton (‘LBS’).

Re W is an appeal against the order of HHJ Coffey dated 16 June 2022 whereby she ordered that a girl W, aged 15 years, should be made the subject of a care order in favour of Kent County Council (‘KCC’).

Background Facts in Re S

S, a boy, is now aged 9 years and is one of two children of GSt (‘S’s mother’) and GSs (‘S’s father’). S has a younger brother, M. S has a number of complex needs including ASD, ADHD and a lack of awareness of danger together with significant behavioural issues.

In June 2017, the parents separated after an incident when S’s father spat and grabbed S’s mother whilst he was drunk. In September 2017, he turned up at the family home drunk and banging on the door and the police were called. Thereafter, S’s mother has had exclusive care of S and M without the necessity of a court order in her favour. On 5 August 2020 there was a further incident when the father banged and kicked the door and dented S’s mother’s car door. This incident resulted in a conviction for damage to property.

S’s father suffers from low mood, anxiety and depression and misuses alcohol and drugs. He has also been assessed to have a low average full scale IQ of 80. S’s father struggles to engage in assessments and is unreliable in exercising contact with S, although he has never sought to interfere with or undermine S’s mother’s care of either S or M.

Over time, S’s behaviour became increasingly challenging and on 20 January 2021 S’s mother called the child practitioner saying she was struggling to cope and would like S to be accommodated. In response to this, LBS’s support for S’s mother was increased to 59 hours a week. On 10 March 202, both S and M were made subject to Child Protection Plans under