SITTING AT BOURNEMOUTH AND POOLE
Deansleigh Road, Bournemouth, BH7 7DS |
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B e f o r e :
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BCP Council |
Applicant |
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Ms M, Mother |
1st Respondent |
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Mr A, Father |
2nd Respondent |
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Mr B, Father |
3rd Respondent |
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The Children (by their children's guardian) |
4th – 7th Respondents |
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Re E, F, G and H (Children) (Fostering or Adoption) |
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Emma Southern (instructed by Preston Redman LLP) for the 1st Respondent
Natalie Wood (instructed by Jacobs & Reeves Solicitors) for the 2nd Respondent
Omar Malik (instructed by Aldridge Brownlee LLP) for the 3rd Respondent
Gareth Bishop of Battens Solicitors Limited, separately representing EA
Adam Langrish (instructed by Abels Solicitors) for the children's guardian
Hearing dates: 20 – 22 January 2025
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Crown Copyright ©
District Judge Veal:
Introduction
a) The local authority seeks care orders in respect of all of the children. The final care plans are that the older three children remain in foster care. The local authority issued a placement application in respect of H on 14 November 2024 and its final care plan is for adoption.
b) The new Guardian supports the local authority's applications.
c) The mother had opposed the local authority's applications and sought to have all four children returned to her care. However, at the start of this hearing, I was told that the mother had taken the very difficult decision not to oppose the making of care orders for all four children. She did, however, continue to oppose the making of a placement order in respect of H.
d) Mr B opposed the local authority's final care plan for H in his statement of 25 November 2024 and supported H being returned to the mother's care. At the start of the hearing, he indicated that he was not seeking that H be returned to his care, and in effect that his position was aligned with that of the mother.
e) Mr A did not oppose the making of care orders in respect of his children, again after careful deliberation.
f) E, who was separately represented, wishes in due course to be returned to the care of the mother. Although she would like that to happen soon, she was realistic in her expectations that it would be unlikely to be at the end of this hearing. She wishes to have regular contact with the mother, Mr A and her siblings including H, with whom she has a strong bond.
Legal framework
Evidence
The evidence
Domestic abuse
Substance / alcohol use
Analysis and conclusions
Placement with the parents
"I remain really worried that [the mother] has shared information that suggests domestic abuse is a feature in her relationship with [Mr B], and then has retracted the evidence the following day and reverted back to a communication style of hostility and non-engagement with myself, the assessor."
"To date [the mother] has been living with and managing E and H in the home alone and has demonstrated her ability to do this well. The mother has shown insight into the worries held by Children's Services and has addressed their concerns by making changes to her lifestyle and parenting as instructed. The risks for the Local Authority were physical assault by [Mr B] towards F, the children not attending school on a regular basis and domestic abuse between [Ms M and Mr B]."
Long term foster care
Placement for adoption
"If [H] is separated from her siblings and her care plan becomes adoption given her age and need for permanency) she should still have direct and indirect contact with her siblings. I would recommend this contact should be x4 a year. I have spoken to […] adoption agency who report that sibling contact is achievable for adoptive carers, however, becomes more challenging when the other children remain in the care of their parents."
Analysis of the options
a) E at least four times each year;
b) F and G at least twice each year;
c) The mother and Mr B at least once each year.
Orders
a) The Section 31 Children Act 1989 threshold has been met on both applications.
b) The local authority's applications for care orders for all four children be granted.
c) The local authority's care plans be approved, based on the information provided in the social worker's statement of 21 January 2025. I will record in recitals the matters in respect of E's placement and F's education which were articulated to me during submissions.
d) The consent of the mother and Mr B to the placement order be dispensed with on grounds that H's welfare requires it.
e) The local authority's application for a placement order be granted.
f) I make the contact order under Section 26 of the Adoption and Children Act 2002 which I have set out, whilst also approving the contact arrangements in the care plans as modified by the social worker's statement of 21 January 2025 and this judgment.