SITTING AT NEWCASTLE-UPON-TYNE
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF: Z & ORS (CHILDREN)
The Quayside Newcastle-Upon-Tyne NE1 3LA |
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B e f o r e :
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Re: Z & Ors (Children) |
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Apple Transcription Limited
Suite 204, Kingfisher Business Centre, Burnley Road, Rawtenstall, Lancashire BB4 8ES
DX: 26258 Rawtenstall – Telephone: 0845 604 5642 – Fax: 01706 870838
Counsel for the Mother: Miss L McKenzie
Solicitor the Children: R & T: Mrs S Melvin
Solicitor for the Guardian: Miss Hunter
Hearing dates: 11th July 2016, 15th July 2016
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Crown Copyright ©
HIS HONOUR JUDGE SIMON WOOD:
Introduction
Why has the local authority sought orders?
Threshold
The children
The local authority evidence
"The behaviour of the boys together is such that they need constant supervision. If they went back to their mother it wouldn't be realistic to think they would get it. As a single parent it would be difficult constantly to supervise the boys. Even preparing basic meals was a difficulty for their foster carer. As soon as they woke up they were fighting."
"I do recognise change but I don't think it's enough to meet the needs of the younger three children. All three have made progress in their placement and I don't think it would be sustained if they returned home. The risk is long term harm."
The mother's evidence
"It'll take time for them to get back where they were. I'll work with them day by day and give them all the support and attention that they should have had",
accepting at the same time support from the family and the local authority.
"I am not going to go back down the route I was down. I have changed a lot. I have pulled myself together, sorted the house out and I want them home."
I will come to the cross-examination of her when I assess the evidence.
The mother's witnesses
The children's guardian
The children's wishes
The law
Analysis
(i) She needs to recognise the extent of the harm and the fact that it is attributable to her neglect and exposure of the children to domestic abuse;(ii) She needs to recognise that these children, with their very particular needs, will require levels of care which are greater than those that children of U, V and W's age who have not had their experiences need;
(iii) In addition to being receptive to help and support critically she needs to be completely open and honest because no one, family or professionals, can work with and help someone who is anything less than that;
(iv) She has a very long history of making sufficient progress only to slip back again. The removal of the children in May 2015 was the first removal, arguably too late in such a long history, but one of the mischiefs of chronic neglect is the cumulative effect of it and the fact that drastic intervention only comes too late. She therefore needs to be able to demonstrate to a very high degree that she has the capacity this time to sustain the necessary change.
Conclusion