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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 51 (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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Ms L |
1st Respondent |
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Mr M |
2nd Respondent |
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Mr L |
3rd Respondent |
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A, B, and C (three children through their Children’s Guardian |
4th Respondent |
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Ms L |
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Ms R |
for the |
1st Respondent |
Mr B of Counsel |
for the |
2nd Respondent |
Mr H |
for the |
3rd Respondent |
Mr J |
for the |
4th Respondent |
Hearing dates: 10.8.10
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Justices’ Reasons
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These Facts and Reasons have been agreed by all parties save for the first respondent, who does 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. |
1. |
This is an application by X City Council (the council) for public law orders in respect of three children A who is 6 years old, B who is 5 years old and C who is 4 years old. The council are asking the court to make care orders in respect of A and C with a care plan that they live with their maternal aunt, JL, and her partner ST. The council are requesting that B is placed with his father Mr O also known as Mr L with a residence order in favour of Mr L and a 12 month supervision order to the council.
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2. |
The mother of all three children is Ms L who is present at court and legally represented. The mother does not actively oppose any of the applications before the court. The father of A is Mr M who is currently in custody serving a prison sentence. He has been joined as a party to the proceedings and supports the application in respect of A although he would like indirect contact to him. As I have said, B’s father is Mr L who supports the applications in respect of B and C’s father is Mr E who does not have parental responsibility and has played no part in these proceedings.
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3. |
The children are represented through the Children’s Guardian, Mr S, who supports each of the applications.
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4. |
The background to this case is helpfully summarised in the most recent case summary which has been filed by the Local Authority at CS9 – 12 of the bundle. There has been a long history of social care involvement with this family and concerns have focussed on the neglect of the children resulting in poor school and nursery attendance, lack of routine and neglect of their health needs. The children have also sustained a large number of injuries whether due to physical handling or lack of supervision and at times home conditions have been sparse. Mother has also been observed to behave inappropriately towards the children by shouting and swearing at them in front of other people. Despite attempts to work with the family by way of child protection conferences, core groups and social worker assistance the situation did not improve and on 21st August 2009 all three children were made the subject of interim care orders and placed in foster care where they have remained to-date.
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5. |
The threshold criteria are set out in the schedule that has been agreed by all parties for the purpose of this hearing. I am satisfied on the evidence before me that the threshold criteria are met. I approve the schedule and make findings of fact accordingly. It therefore follows that at the time protective action was taken all three children were suffering and were likely to suffer significant harm in the form of emotional harm and neglect due to the care they received and were likely to receive not being what it would be reasonable to expect a parent to give unless an order is made.
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6. |
I must now consider what order, if any, to make having regard to the welfare principles set out in Section 1 Children Act 1989 and reminding myself that it is the welfare of each child that is my paramount consideration. A number of assessments have been carried out during the course of the proceedings. An assessment of mother was commenced by a Family Centre (C52-59) but was terminated due to her poor attendance. A kinship care assessment was undertaken in respect of JL and ST (C122-141) and this was supplemented by further assessment (C158-160) which resulted in Ms L and Mr T being approved as carers for A and C by the council’s fostering panel on 23rd July 2010. Although Ms L and Mr T will have to be re-housed before A and C can be placed with them on a permanent basis I have been informed that they have made a bid for a new tenancy and are likely to have taken this up by the beginning of September. In any event, their present property is able to accommodate overnight staying contact for the two children and this is due to commence on the 17th August 2010.
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7. |
A family centre assessment was commenced in respect of Mr L but was terminated due to his poor commitment (C1-10) however, an independent viability assessment was then carried out by Ms G (C64-107) which was positive, as is the addendum report (C108-121). Reports have also been obtained from Mr V at C148-157 and C161-163. It is in the light of these positive assessments of Mr L that the council seek the orders I have already indicated.
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8. |
As all three children are currently placed together it is proposed that their move to their new placements should by synchronised as far as possible and I am assured that this can all be completed by the beginning of September in time for the start of the new school year.
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9. |
The mother has taken a very brave decision today not to oppose any of the applications before the court recognising, difficult thought it no doubt is for her, that she is unable to care for any of the children herself. As I have already said, Mr M is currently serving a custodial sentence so he is unable to care for A and he does not want to stand in the way of A being placed with Ms L and Mr T. C’s father has not played any part in these proceedings. I am therefore satisfied that for these reasons it is not possible for either A or C to be cared for by their birth parents but in the light of the positive assessment of Ms L and Mr T they are able to offer appropriate care, love and stability which will enable both children to grow up within their birth family. The Children’s Guardian believes that at this time a care order is necessary to provide Ms L and Mr T with the support they need to manage any behavioural issues exhibited by the children. I agree. I therefore make care orders to Leeds City Council in respect of A and C and approve the placement with Ms L and Mr T, as does the Children’s Guardian.
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10. |
With regard to B, in the light of the positive assessment by Ms G I believe it is appropriate for him to be placed with his father Mr L subject to a supervision order to X City Council for a period of 12 months to enable them to continue to offer support and assistance. I also believe it is in B’s best interests, given that this placement is intended to be a permanent one, that I should make a residence order in favour of Mr L, together with an order for parental responsibility for B.
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11. |
With regard to contact, the mother has been exercising fortnightly contact to each child supervised by the council. It is proposed that this will be reduced to monthly contact which will be supervised by the carers for each of the children and mother is accepting of this. I therefore see no need to make any order as to mother’s contact.
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12. |
It has been agreed that Mr M is to have indirect contact with A which will allow him to send letters and cards via the social worker. I am told that there has been similar contact in the past which has worked without difficulty. Again, in the light of agreement I make no order as to contact between A and Mr M.
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13. |
Lastly, I understand that there will be direct contact between the children themselves at least on a monthly basis and I approve this.
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14. |
I approve the care plans for each child.
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15. |
Heard before a District Judge on the 10 August 2010.
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