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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 49 (FPC)
In the Family Proceedings Court
Before:
The Lay Bench
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Between:
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Applicant |
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and |
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1st Respondent |
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C through the Children’s Guardian Ms M |
2nd respondent |
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Ms R for the |
1st Respondent |
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Ms B for the 2nd respondent |
2nd Respondent |
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Hearing date: 11-8-10
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Justices’ Reasons
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These Facts and Reasons have been agreed by all parties save for Ms S, who do not oppose nor consent to them, such Facts and Reasons being adopted by the Court and the Court is satisfied the proposed order is appropriate in the circumstances of the case. |
1. |
This application concerns C, aged 12. C is represented through the Children’s Guardian Ms M, represented today by her solicitor Ms B. C’s mother is Ms S represented today by Ms R. |
2. |
Ms S does not attend court today and has not taken any calls from her solicitor today. Ms R last received instructions on the 9th March 2010 although she has been sent recent documents to include the care plan and the Guardian’s report. The Local Authority is represented by Ms D and accompanied by the social worker and team manager. The father does not attend and has not engaged in these proceedings. |
3. |
C was made the subject of an interim care order in August 2009. The local authority’s care plan provides that C is made the subject of a final care order. Initially it was proposed that C remain placed with her maternal aunt and uncle but at the end of May 2010, following a positive kinship carers assessment the aunt and uncle indicated they were emigrating. As a result the local authority filed an amended care plan dated the 18th June 2010 proposing that C remain in long term foster care. |
4. |
C currently has contact with her mother twice a week for two hours. These contacts take place at the home of the maternal grandmother, who supervises contact. It is proposed that this arrangement will continue but it is noted contact will be at the discretion of the local authority.The maternal grandmother has supervised contact due to ongoing concerns about the mother’s drug use and lifestyle choices. We understand that for there to be any change to these arrangements Ms S needs to achieve and maintain abstinence from drugs for a minimum of 6 months and this should be evidenced by engagement with a drugs agency and the production of clean samples. |
5. |
C does not currently see her father who is in prison. The father has not engaged with social care or the guardian and elected not to meet them when they undertook a prison visit. Upon his release should the father contact social care he will be assessed with a view to supervised contact being considered. |
6. |
Ms S sadly accepts that she is not currently in a position to care for C. She has told the social worker and the guardian that she would prefer C to be placed in foster care rather than to emigrate. She has not instructed her solicitors on this issue nor has she formally responded to the care plans. She has continued to attend contact and this is important to C. |
7. |
C has met the social worker and children’s guardian on a number of occasions. Her wishes and feelings are recorded in the guardian’s report dated the 23rd July 2010. She is in agreement with the local authority’s plan. |
8. |
We have read the papers in this case, we are aware of the history and we have listened to the submissions on behalf of all parties. We note that mother has responded to the threshold document and her response can be found at paged 19-23 of the preliminary section of the bundle. Ms R has indicated that she has no instructions from her client so there is no change in mother’s views on threshold. |
9. |
We consider the threshold criteria to be met for the making of a care order and make the findings sought by the local authority at pages 13-15 of the bundle. |
10. |
The local authority has identified a foster placement for C which will be available on the 15th October 2010. As her current carers emigrate in September 2010 there will be the need for a temporary placement. We are pleased that the placement enables C to remain at her current school and near her school friends as we understand this is important for C. |
11. |
The guardian supports the local authority care plan. She understands C is aware that a placement has been identified and that introductions will be made soon. |
12. |
Ms R is without recent instructions. On that basis Ms R finds herself unable to pursue any specific course of action on behalf of her client. Ms R submits that she is unable to agree to the plans on behalf of Ms S but equally is unable to actively oppose these plans. |
13. |
The father’s views on the application are unknown. |
14. |
We have considered the documents contained in the court bundle. We have considered the welfare checklist and note in particular the views of C as set out at paragraphs 17-24 of the guardian’s report. |
15. |
We have considered the no order principle and believe an order is needed in this case. We accept that for the local authority plan to be achieved, they need to share parental responsibility with Ms S by way of a care order. The father does not have parental responsibility for C. |
16. |
We have considered the Human Rights Act 1998 and we have considered the rights of all parties concerned in respect of articles 6 and 8. |
17. |
We conclude that the best outcome for C is to be made subject to a final care order today with a view to her being placed in long term foster care very soon. We are mindful that the next few months will mean great change for C and we hope she will manage this transition with the support of her new foster carer, her mother, the maternal aunt and uncle, her social worker and all those who are significant to her. |
18. |
We have considered the contact proposals contained in the care plan and believe they are appropriate but note that contact will be at the discretion of the local authority. |