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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: [2010] EWMC 15 (FPC)
In the Magistrates’ Court
Family Proceedings Court
Before:
The Lay Bench
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Between:
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X Local Authority |
Applicant |
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And |
|
|
A Mother |
1st Respondent |
|
And |
|
|
A Father And K and C through Their Children’s Guardian |
2nd Respondent
3rd, 4th and 5th Respondents |
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Mr S for the Applicant
Mr S for the 1st Respondent
Father Unrepresented
Mrs H for the Guardian
Mr F for the Guardian
Hearing date: 15 February 2010
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Justices’ Reasons
1. These Facts and Reasons have been agreed by all parties save for Mother and Father, who do not oppose nor consent to them, such Facts and Reasons being adopted by the Court and the Court is satisfied the proposed Orders are appropriate in the circumstances of the case.
2. This is an application by the Local Authority for a Care Order and Placement Order in respect of Child K and Child C
3. The issues that are not in dispute:
4. Findings of the Court:
We endorse out findings of 23rd June 2009 and of amended Local Authority threshold document that was agreed on 17th September 2009 and can be found at pages B12 – B15 in the court bundle.
5. We were not referred to any authorities.
6. In determining whether the threshold criteria under Section 31 has been satisfied we have examined and considered the documentary and oral evidence presented.
We find as a matter of fact the following:
The threshold criteria is passed. We base this on out findings on 23rd June 2009 and on the agreed threshold document aforesaid.
We therefore find that the threshold criteria has been satisfied.
7. In deciding what orders to make, if any, we have considered the welfare of the children to be our paramount consideration.
8. We have considered the factors in the welfare checklist and the following findings of fact:
a) Having regard to the ascertainable wishes and feelings of the children concerned, considered in the light of their age and understanding we find:
K and C are both too young to verbalise their wishes and feelings but they are both happy and thriving in their foster placement.
b) Regarding their physical, emotional and educations needs we find:
That these are being met very well in their foster placement.
c) The likely effect of any change in their circumstances:
If the children were to return home they could be at risk of suffering significant and imminent harm from their Mother’s lifestyle and homelessness.
d) Their agre, sex, background and any characteristics which the court consider relevant:
K and C are children of mixed origin.
e) Any harm that they may suffer or is at risk of suffering:
Is detailed in the accepted threshold document. K suffered from neglect, poor supervision and physical harm. C is likely to suffer the same significant harm as their sibling.
f) How capable are each of their parents and any other person to whom the court considers relevant, is of meeting their needs:
Father voluntarily returned to his home land in January 2009 and remains there so is unavailable to provide care. Mother’s lifestyle precludes her from caring for the children.
g) We have considered the range of powers available to the court under this Act in the proceedings in question:
But consider that the only orders that will meet the welfare of the children are Care and Placement Orders.
9. In reaching a decision we have also considered the parties rights contained within the European Convention on Human Rights:
But the children’s needs are paramount.
10. We have considered the principle of making no order, but this would not afford protection for these children.
11. We endorse the consent agreement that upon the Local Authority agreeing to inform Father of the result of these proceedings in writing, and upon the Courts approving the amended Care Plans for K and C dated 15th February 2010:
THE COURT ORDERS:
A. That each of K and C are placed in the Care of the Local Authority under S.31 Children Act 1989.
B. The Court dispenses with the consent of Mother and Father for each of the children to be placed for adoption as the welfare of the children require their consent to be dispensed with Under S.52 Adoption and Children Act 2002.
C. Each of the said children are made subject of placement orders authorising the Local Authority to place each child for adoption with any prospective Adopters who may be chosen by the Local Authority under S.21 Adoption and Children Act 2002.