England and Wales Magistrates' Court (Family)

1.

This is an application by X Council for a Supervision Order and a Special Guardianship Order in respect of a child D who is two months old.  D’s mother is Ms P who is present in court and represented.  Ms P does not oppose the application before the court today.  D’s father is Mr B who is also present in court and represented and he too does not oppose the application.

2.

D himself is represented through the Children’s Guardian Mrs M who supports both applications.

3.

D has a sister S who was the subject of care proceedings before X County Court in 2009 as a result of suffering serious non-accidental injuries whilst in the care of her parents.  Within those proceedings S was placed with Mr and Mrs C who I shall refer to as the maternal grandparents subject to Special Guardianship and Supervision Orders, these orders being made on the 26.11.09.  At the time of that hearing the mother was already pregnant with D and upon his birth he was immediately placed with the maternal grandparents where he has remained.  The reason for that placement is self-evident in that D’s birth followed so quickly after the proceedings relating to S that the Local Authority had concerns that he would be at risk of significant harm if placed with his parents.

4.

The threshold criteria in this case are set out at pages 10-12 of the bundle.  The parents’ responses can be found at pages 13 and 14 and neither parent challenges the findings sought by the Local Authority.  I approve that schedule and make the findings of fact sought.  Accordingly I am therefore satisfied on the evidence before me that D is at risk of suffering significant harm in the form of physical abuse and emotional harm due to the care likely to be provided to him by his parents not being what it would be appropriate for a parent to give if an order is not made in this case.

5.

I must now consider the welfare aspects of this case and what orders I should make having regard to the checklist and reminding myself that it is D’s welfare that is my paramount consideration.

6.

D is not yet three months old.  He has lived all his life with his maternal grandparents where he is receiving excellent care and is thriving.  D is also placed alongside his sister S who is similarly thriving in her grandparents care.

7.

Although I am sure that the parents will have found it very difficult to do so they accept that D can not be returned to their care and that therefore the best place for him is alongside his sister in a family placement.

8.

The maternal grandparents were the subject of a kinship carer’s assessment in respect of S which can be found at C31-58 of the bundle.  There is also a special guardianship report in these proceedings at pages C1-30.  Both the assessment and the report are positive about the care the maternal grandparents are able to provide for both children.  The Children’s Guardian is equally supportive of the placement.

9.

I am therefore satisfied that as D can not be cared for by his parents it is in his best interests to continue to be cared for by his maternal grandparents and to be brought up with his sister.  I therefore make a Special Guardianship Order in respect of D to Mr and Mrs C.

10.

There are issues with regard to contact between D and his parents which need to be addressed.  Contact has been once every two weeks but in the amended care plan placed before me today the proposal is for a phased reduction to four times per year.  Whilst everyone is in agreement with this and it mirrors the contact arrangements for S the Local Authority will continue to be involved in the arrangements and supervising of that contact and the maternal grandparents welcome that involvement as does the Children’s Guardian.  I am therefore satisfied that it is appropriate to make a Supervision Order to X Local Authority for a period of one year so that they can assist with the gradual reduction of contact to D and thereafter to continue to be involved in the contact arrangements for both children..  However in view of the agreement between all the parties on the level of contact I see no need to make any formal orders in this regard.

11.

Heard before a District Judge Magistrates’ Courts on the 23^rd April 2010.