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England and Wales Family Court Decisions (other Judges)
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G (A Child), Re [2016] EWFC B123 (07 July 2016)
URL: http://www.bailii.org/ew/cases/EWFC/OJ/2016/B123.html
Cite as:
[2016] EWFC B123
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This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the child and members of his family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
IN THE FAMILY COURT
SITTING AT NEWCASTLE-UPON-TYNE
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF: RE: G (A CHILD)
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The Law Courts The Quayside Newcastle-upon-Tyne NE1 3LA
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7th July 2016 |
B e f o r e :
HER HONOUR JUDGE MOIR
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Transcribed from the Official Tape Recording by
Apple Transcription Limited
Suite 204, Kingfisher Business Centre, Burnley Road, Rawtenstall, Lancashire BB4 8ES
DX: 26258 Rawtenstall – Telephone: 0845 604 5642 – Fax: 01706 870838
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Counsel for the Local Authority: Mr Gray
The Mother did not attend and was not represented
Solicitor for the Child: Mr Kincaid
Hearing date: 7th July 2016
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HTML VERSION OF JUDGMENT
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Crown Copyright ©
JUDGMENT
HER HONOUR JUDGE MOIR:
- This is an application brought by North Tyneside Borough Council for a care order in respect of A, who was born on 4th March of 2000 and so now aged 16. He was placed in local authority foster care on 29th March 2016 and made subject to an interim care order on 19th May. The background to this matter, as Mr Gray has said, still involves a number of mysteries and unknowns, but it seems that Alexander came to the UK in company with a relative from the Western Sahara where he had lived until that time. His mother did not accompany him and his father, who is British, had not seen A since A was some 18 months of age.
- When A arrived in the UK with his maternal relatives, I think an aunt and cousin, he lived with them for a short time. He then went to live with a family friend under a private fostering arrangement. That came to an end and he went to live for a short time, a matter of two days I think, with Z, who again was a family acquaintance and had it seems been instrumental in some way in bringing A to the UK. However, he could not accommodate A by reason of his age and that he was living in supported accommodation. Thus A had nowhere to live, no one to care for him, and he was placed in foster care.
- It was only during the latter part of these proceedings that F was located. A has UK citizenship although it seems his passport had expired by the time he came to the UK. He also has Moroccan nationality. The Moroccan authorities have been informed but have not indicated that they wished to play any part within the proceedings.
- A is placed in foster care. He has been visited of course by the social worker and the guardian, and I am told that he is happy and settled where he is. He wants to continue to reside in the UK. He is anxious about his education. He has made plans for his future, he would like to go to university and study photography and sport. He is in contact with his mother and is now aware that his father has been located. It is a fairly recent occurrence and it seems that maybe A will need some time to decide whether to have contact, what sort of contact, and what sort of relationship he would wish to have with his father. F is aware that today final orders may be made. He accepts that an application for a care order is appropriate and maintains that he is not in a position to assist although he would like to see A.
- The local authority has sent documents to M, the mother. A's circumstances have been discussed with her by telephone. The local authority is satisfied that she wishes A to continue to reside in foster care. She has never played or expressed a wish to play any active part in these proceedings. Thus A needs the local authority to act as his parent, his own parents either not being in a position or not wishing to actively involve themselves within his care. Thus it is necessary for the local authority to share parental responsibility.
- In looking at A's welfare, which of course is my paramount concern, he needs to have some certainty as to what his future holds by way of residence and support. He needs to have an adult to care for him and provide him with a home and provide for the usual needs of a 16-year-old boy. The guardian, Allison Ruddick, and Mr Kincaid have visited A. They are satisfied that his wishes are to continue in his foster placement, attend school, obtain an education, and look to his future.
- I have had the opportunity to consider the report of the guardian dated 4th July 2016 and the evidence filed by the local authority in this matter, specifically the statement of Mr Deans dated 23rd June of 2016 and I am satisfied that A's welfare demands that this court makes a care order. The section 31 criteria are made out in the terms of the threshold which was provided for the interim application. Therefore I make the care order and approve the local authority care plan which is for A to continue within his present placement and by reason of the care order A will continue to receive the support of the local authority until his majority and thereafter subject to the usual support provided for young people leaving care. I make the care order which obviously brings these proceedings to an end.
[Judgment ends]