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The written reasons are 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 reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved
Neutral Citation Number: [2009] EWMC 10 (FPC)
In the Magistrates’ Court
Family Proceedings Court
Before:
A District Judge
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Between:
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X Local Authority |
Applicant |
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and |
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Miss H |
1st Respondent |
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Mr D |
2nd Respondent |
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Mrs H |
3rd Respondent |
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Mr A for the Applicant
Miss P for the 1st Respondent
Miss H For the 2nd Respondent
Miss L For the 3rd Respondent
Hearing dates: 9th December 2009
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Justices’ Reasons
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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.
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1. |
I am dealing with an application, made by X Council, originally for a Care Order in relation to C. The local authority, in its care plan, dated 16 November 2009, now requests the court to make a Supervision Order for a period of one year and a Residence Order to Mrs H, maternal grandmother. Grandmother was made a party to proceedings on 21st April 2009 and is represented by Miss L.
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2. |
C’s mother is Miss H. She attends court today and is represented by Miss P. She has indicated that she supports the local authority care plan and she believes the child’s best interest is served by a placement with her maternal grandmother. It is envisaged that mother will play an active part in C’s life and that contact take place as per paragraph 2.5 of the Local Authority’s Care Plan.
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3. |
C’s father is Mr D. Father attends court today. He is represented by Miss H. He has indicated that he supports the local authority care plan and he believes the child’s best interest is served by a placement with her maternal grandmother. Father was granted parental responsibility by this court early on in proceedings. It is envisaged that father will play an active part in C’s life and that contact take place as per paragraph 2.5 of the Local Authority’s Care Plan.
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4. |
I have read all the documents filed in the care proceedings. I note that a number of assessments have been completed throughout these proceedings. A parenting risk assessment was undertaken in respect of mother, the outcome of which did not recommend that C be placed in mother’s care. A psychological assessment of mother was also undertaken which did not recommend that C be placed in her care.
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5. |
A parenting and risk assessment was also undertaken of father. The assessment concluded in June 2009, that due to fathers’ complex relationship history, concerns around domestic violence and his criminal history, he should not be sole carer for C, however consideration should be given to unsupervised contact with his daughter in the future.
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6. |
Social Care completed a Family Network carer assessment of Grandmother, dated 1st April 2009, which did not recommend that C remain in her care long term due to historical concerns about inappropriate relationships, the parenting of her own children and failure to protect. However, a parenting assessment of Grandmother by an independent social worker, dated 29.06.09 and 28.10.09 recommended that C remain in the care of Grandmother given the progress she has made over time in respect of her ability to reflect on previous concerns, add to her own knowledge and skill base of parenting through parenting courses and her ability to co-operate with Social Care.
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7. |
I note the report from the Children's Guardian and that he supports the local authority in its application.
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8. |
I have also heard brief representations made on behalf of the local authority, mother, father and the child.
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9. |
Before I can consider, which Order, if any, it is appropriate to make, I must first be satisfied that the threshold criteria contained in S.31(2) of the Children Act 1989 are fulfilled. The local authority’s concerns are contained in the documents filed and in particular the Schedule of Findings Sought by the Local Authority at pages 6-7. Mother has filed a response dated 10th March 2009 and accepts the findings sought. I am satisfied that the threshold criteria are satisfied on the basis of Mother’s response dated 10th March 2009.
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10. |
I now consider the form of order, if any, which I should make in these proceedings. I can make no order, a supervision order or a care order in respect of C. The Children's Guardian supports the local authority in recommending a supervision order and a residence order to maternal grandmother. The local authority and the Children's Guardian submit that Grandmother has shown an ability and capability to look after C and meet her needs and prioritise her welfare.
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11. |
In reaching my decision I have considered the welfare checklist as I am so required by the Children Act 1989. In my considerations I have studied the report of the Children's Guardian and his observations on the checklist. I adopt the same in its entirety and thank the Guardian for his very helpful report.
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12. |
Having considered all the evidence in the case and all the documents and applied the welfare principle, I therefore make a supervision order in respect of C for a period of one year and make a Residence Order to maternal grandmother. In making these orders I endorse the care plan for C. |
13. |
In reaching my decisions I confirm that I have considered the implications of the Human Rights Act 1998. I am aware that the orders I have made engage Article 8 of the European Convention on Human Rights, the right to family life. However I do consider the interventions and the applications of the local authority, both appropriate and legitimate in promoting the welfare of C. The actions of the local authority and the applications and orders made today are a proportionate response in terms of the welfare of C and are necessary to promote her welfare.
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14. |
Before a District Judge |
15. |
9th December 2009 |