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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 43 (FPC)
In the Magistrates’ Court
Family Proceedings Court
Before:
Lay bench
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Between:
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Local Authority |
Applicant |
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and |
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C |
1st Respondent |
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D |
2n Respndent |
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W |
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X |
for the |
1st Respondent |
Y |
for the |
2nd Respondent |
Z |
for the |
Children |
Hearing dates: 29 June 2010
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Justices’ Reasons
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1. |
We have read the bundle and heard evidence from the social worker, C, and duty Children’s Guardian.
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2. |
We are dealing with an application by the Local Authority for Interim care orders in respect of A and B. The children’s mother is C and their father is D, he has been joined as a party to these proceedings. Both parents are represented and attend court.
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3. |
The concerns of the Local Authority are set out in the bundle, in particular, in the statement of the social worker at B1 to B8 of the bundle and the chronology at 1 to 8 of the bundle. The Local Authority considers that the children have suffered emotional harm as a result of their mothers’ alcohol use and behaviour towards them. Also of concern is B’s behaviour and mother’s inability to address this. The local Authority care plan is that both children are placed with their father under Interim Care Orders.
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4. |
C does not accept that she has neglected the children’s needs, she is supportive of B living with his father, but feels A should continue living with her.
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5. |
D supports the application for Interim Care Orders.
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6. |
The Children’s Guardian also supports the application of the Local Authority, during the interim period the children should be placed together with their father whilst assessments are undertaken.
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7. |
Findings of the court regarding statutory/ threshold criteria
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8. |
The court is satisfied that there are reasonable grounds for believing that:
a) the children are suffering, or are likely to suffer, significant harm; and b) that the harm, or likelihood of harm, is attributable to
the care given to the children, or likely to be given to them if the order were not made, not being what it would be reasonable to expect a parent to give to them
This is because: of the number of incidents highlighted in the chronology. Today the evidence concentrated on the period from November 2009 until today.
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9. |
Although we are not making any findings of fact today, of particular significance was; The incident on 12 January 2010 when B had a ligature around his neck. Following this several appointments with CAMHS were missed.
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10. |
On the 22 February 2010 when C was picked up in town she smelt strongly of alcohol.
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11. |
On the 9 March 2010 when the Social Worker attended the house the children were on their own. They didn’t know where their mother was and said they had not had a proper meal for the last two days. The children disclosed that their mother had been drinking heavily recently and had been shouting and swearing at them. A lodger E also told the Social Worker that he had become increasingly concerned about C’s drinking.
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12. |
10 June 2010 B took an alcoholic drink with his lunch pack to school.
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13. |
The court has had regard to the welfare checklist and in particular the wishes and feelings of A. The Social Worker reported that A was confused and had conflicting loyalties. C said that A had told her that she wished to stay with her mother. The Children’s Guardian says that this situation, in her experience, is not unusual.
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14. |
The range of powers available to the court
No Order: this would allow the children to stay at home without any safeguards. Interim Supervision Order: Allows the Local Authority to supervise in the home. Interim Care Order: This would mean B would remain with his father and that A would join him.
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15. |
Conclusion
We start from the point that we should not intervene in the life of children and families unless it is necessary to do so. The least-interventionist approach applies, not only as to whether an order is necessary, but also to the choice of order.
We are satisfied that the evidence produced at this hearing is sufficient for us to find that the orders sought here are necessary to safeguard the children’s welfare.
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16 |
The court has had regard to Article 8 and has undertaken a balancing act of all the parties’ rights under the Act. We have paid due regard to the interests safeguarded by the Human Rights Act and we are satisfied on reviewing all the information that the measures of interference are fair and proportionate
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17 |
Order(s) of the court
We make Interim Care Orders in respect of A and B until 24 August 2010 In making these order we accept the interim care plans.
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18 |
We Direct 1) A CMC to be heard on 20 July 2010 2) An advocates meeting to be heard at least two days prior to the CMC.
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