Neutral Citation Number: [2010] EWCC 26 (Fam)

IN THE COUNTY COURT

Before
A CIRCUIT JUDGE

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Between :

	X LOCAL AUTHORITY	Applicant	
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	G	Respondents	

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Miss S for the Local Authority.
Miss L for the Parents.
Mr R for the Children’s Guardian.

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Judgment Approved
The judgment is being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the judgment itself) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved

His Honour Judge:	
1.	
	This case concerns two little girls, LG, who was born on (date given) and who is therefore now 7½ years old, and DG, who was born (date given) and who now is three years old.  The children’s mother is CG.  The X Local Authority applies to the Court for final care orders in respect of both children.	
2.		So far as the threshold set by section 31(2) of the Act is concerned, at an earlier hearing, the mother conceded that the circumstances of this case are such that the Court can accept that that threshold is satisfied and, therefore, today I am only concerned with making orders that are in the best interests of the welfare of each of these two children in compliance with the approach set out in Section 1 of the Children Act 1989.  	
3.		It is unnecessary, and indeed it would be unkind to this mother, for me to rehearse the history in any detail and I do not propose to do that.  It is sufficient for me to say that, in the light of in particular the report from the social worker, the Children’s Guardian’s report and a report placed before me today from Dr H, the mother’s treating mental health clinician, I am entirely satisfied that the Local Authority’s final care plans for each of the children are in their best interests.  Those final care plans propose that final care orders be made, on the basis of a proposal for long term fostering and with the mother to have regular contact with both children, initially until a long term placement has been found at the rate of once a fortnight and thereafter at the rate of once a month.  	
4.		The mother today has made what I am sure has been the very difficult and painful decision not to oppose the Local Authority’s final care plans.  Least at some stage in the future the children should read this judgment, they need to understand that their mother is not abandoning them; that she is taking a course which is in their best interests; and that the decision to make the care orders ultimately is my decision and not hers.  I hope that the arrangements for their future, and in particular for their future contact with their mother, work out well.  I do not doubt for a moment that she loves them both very deeply and that she will take advantage of the contact that is going to be made available to her.  As for my decision today, I approve the draft final order that has been put in front of me.