England and Wales County Court (Family)

Neutral Citation Number: [2010] EWCC 8 (Fam)

 

 

In the County Court

 

 

 

Before:

The District Judge

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Between:

 

	X Local Authority	Applicant
	And
	M A Mother	Respondent

 

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Hearing dates: 11 November 2009

 

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These Facts and Reasons have been agreed by consent by the parties and have been adopted by the Court and the Court is satisfied that the parties have agreed terms and the proposed Order is appropriate in the circumstances of the case.

 

 

1.       On18 December 2008 L/A made application for care orders in respect of four children namely T born 2005, B born 2000, A 1993 and J born 1992.

 

2.       The mother of all four children is M ; the father of J, A and T is  F. Mother states X is the father of B. DNA tests were ordered but her putative father has failed to co-operate so there are no results..

 

3.       J and A are separately represented today by Mr D, solicitor. A Guardian was appointed at the beginning of these proceedings represented today by Mrs M, solicitor. The local authority is represented by Miss. M solicitor and the mother and father are represented today by Counsel Miss B.

 

4.       This case is listed for a final hearing before His Honour Judge Z on the 10th and 11th of December 2009. The order of 24 August 2009 records that the parents do not oppose the making of a care order. That of course must also include supervision orders in respect of J and A. Throughout these proceedings the two boys have been subject to interim supervision orders which have been renewed in the usual way without opposition:  the two younger girls have been subject to interim care orders. The two girls have been in a foster placement together throughout these proceedings. The parents have contact with them currently three times a week.

 

5.       J will be 17 on  2009 and so after that date the court will have no jurisdiction to make a supervision order in respect of him by virtue of section 31 (3) Children Act 1989. The hearing today has been fixed with a view to requesting the court today to make a supervision order until he attains the age of 18 years when in any event it would end by virtue of section 91 (13).

 

6.       This judgement is given only in respect of J and the application for a supervision order in respect of him. The parents through their counsel ask me to make such an order; the Guardian through her solicitor agrees; the local authority requests such an order and finally J through his solicitor Mr D requests that I make such an order. The consent of all parties is clearly important but it must be for the court to decide whether it is right to make such an order.

 

7.       Threshold has been agreed. The agreed document is contained within the bundle. In December 2008 the social workers statement (P) summarises the L/A concerns in respect of all children. The family have been known to such children's services since July 1994 and the three older children have been on the child protection register since July 2005 and T since her birth. In summary the substantial concerns of the local authority can be summarised as extremely poor home conditions, the failure of the parents to ensure that children attend school, the failure of the parents to consistently seek medical attention health appointments and so forth for the children, poor personal hygiene and physical presentation of the children, lack of routine within the household, poor levels of supervision and failing to ensure the children's safety, poor engagement with professionals and support staff.

 

8.       J was described as experiencing mental-health difficulties, although making significant progress at that stage. He had stated he wanted to leave home but then changed his mind wanting to give his mother a second chance. It was stated that great care would need to be taken in considering the care plan for J to minimise his anxieties and ensure that his mental health did not deteriorate. He was diagnosed as having obsessive compulsive disorder and generalised anxiety. In particular his school attendance was of great concern and which frankly was abysmal. In November 2008 he started some home tuition and was initially engaging quite well; his reading age was described at 6 years. Behavioural problems of J and A have been highlighted as a cause of difficulty at home. In the course of the proceedings a parenting assessment was undertaken by Mrs A a very experienced former guardian and psychiatric assessments by Mr. A consultant psychiatrist and also drug tests of the parents undertaken. That parenting assessment not surprisingly identified that J and indeed A required ongoing support and guidance of the local authority and the social worker in her statement of 12 June 2009 stated the local authority was in agreement with that.

 

9.       Unfortunately both mother and father have drug problems arising from substance misuse. The psychiatrist's report details these and such problems are compounded by mother’s depressive symptoms. There is continual concern about the failure of the parents to engage with treatment programmes. Not surprisingly these matters also have considerable impact on the ability of the parents to fully and properly care for their children. The social workers conclusion was that overall this is a case of chronic neglect where each of the children has not received sufficient parenting to enable them to reach their full potential. The children have suffered significant harm over a number of years regardless of the support offered and implemented; slight improvements have been insufficient and not sustained.

 

10.     I do not in this judgement deal with the three younger children as their cases will be determined in December as listed. However I do record that all parties agree that A then will also be made subject to a supervision order if the judge approves such order. Issues regarding the two girls will depend upon the final care plan which cannot yet be determined suffice to say at this stage the local authority propose long-term foster care for B and adoption for T, although such care plan for the younger daughter is dependent on considerable further issues which I do not address today. The parents will oppose adoption. The Guardian Mrs. M in her report of 19 August 2009 states "both boys behaviour could be considered to be beyond the control of the parents; mother tries her best but appears to be in fear of the boys particularly A and consequently there is little sense of parental authority or guidance" she also states that the conditions at home has meant that all four of the children have had to live in squalor and that any improvements have not been maintained.

 

11. Of further concern in respect of J is the fact that he has now fathered a child due to be born in 2010. I am told his relationship with his girlfriend continues and that it is his hope that he could find a place away from his home to live with his girlfriend and eventually the child. I have no information over the mother and her circumstances but there can be no doubt the eye of the local authority will be on mother and child. J does not have a job which given his total lack of qualification and abject failure of his parents to ensure he attended school is not surprising.  He therefore will start his life as an adult with much disadvantage. I have not been told that he himself has come into conflict with the law through any criminal activity nor have I been told he is involved in drugs or drink. Such is a massive relief. Also I record that J was gaining benefit from attending the A farm trust something he enjoyed. I take this opportunity to wish him well in his life and his future.

 

12.  It therefore seems to me, as to all the professionals, that any support that can be given to J should be encouraged. The care plan in respect of J is dated 12 June 2009 and records that he was having some contact with his sisters and no doubt that of itself will be subject to consideration when the cases of the girls are resolved. Reference is made in the care plan at paragraph 3.2 of local authority support to mother and J regarding his housing needs including meetings he can have with the housing options project. At paragraph 4.1 the local authority states that should J make a request to leave the home he will be supported to achieve this. At paragraph 4.9 it is stated multi agency meetings will be held every three months to monitor and review J progress. At 5.5 that J will be invited to the multi agency meetings giving him the opportunity to inform the decision-making process and in addition through regular direct consultation with his social worker. The continuing involvement of the social worker will give J the opportunity of seeking that independent advice and support that he may not be able to find at home. As he will soon be 17 and almost independent it will be very much for J. himself to interact with the L/A, and ask for particular advice and support. Thus his ongoing relationship with his appointed social worker is important.

 

13. In those circumstances the s31 (2) conditions of the Children Act are met in that J is suffering significant harm and that harm is attributable to the care given to him not being what it would be reasonable to expect his parents to give him. Applying the welfare principle of section 1 of the Children Act and considering the welfare check list, in particular but not exclusively, the age and wishes of J against the background of harm he has suffered, I am quite satisfied that it is right and proper for the welfare of J. to make a supervision order to expire on his 18th birthday.