England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

A Mother

1^st Respondent

A Father

2^nd Respondent

Child A and Child B

3^rd Respondents

1.

This is an application by X Council for Care Orders in respect of two children A and B.  The children’s mother is P.  A’s father’s details are not known, B’s father is S.  The parties are not married and are no longer in a relationship.    S has parental responsibility for B because he is named as his father on his birth certificate. 

2.

P has three other children, C, D and E born.  These three children have been the subject of previous care proceedings, and all were removed from the care of P.  E resides with her maternal aunt.  D is in a foster placement, and it is understood that C now lives independently.

3.

The Local Authority plan for these two children if Care Orders are made is for them to be placed in a long-term foster placement which hopefully will be with their current short-term foster carers.  If Care Orders are made the Local Authority has set out in their care plans, addendum care plans and a document prepared and agreed at court today, their proposals in respect of the children’s contact with their parents.  Essentially the proposals are for a more gradual reduction in the parents contact, for P’s contact to be at a level of a minimum of six times per year and for S’s contact to be at a level of a minimum of three times per year.  This is on the understanding that the Local Authority has been guided by the psychologist’s recommendations and will approach future contact between the children and their parents with a degree of flexibility to ensure that it continues to meet the children’s changing needs.  The Local Authority has also agreed to hold a Looked After Child review in March 2010 when the issue of contact will be reviewed. 

4.

P has attended court today and is legally represented.  P agrees with the amended schedule of findings and has now signed the document drafted at court today.  She has now agreed to the amended contact proposals and does not oppose the Local Authority’s applications today.

5.

S has attended court today and after discussion with his counsel similarly accepts the amended schedule of findings which he has signed.  He accepts the contact proposals so far as he is concerned and he does not oppose the Local Authority’s application for respective care orders today.

6.

The children are represented through the Children’s Guardian who supports the Local Authority’s application.

7.

I have considered all the documents filed in the case and heard submissions from all concerned.  It is of assistance to me that I am told that this matter can proceed on an un-opposed basis today.

8.

The background to the Local Authority’s involvement with the children is set out in the evidence and documents which have been filed.  I do not intend to go over that evidence again for the purpose of this judgement.

9.

The Local Authority concerns are the mother’s chaotic lifestyle as a result of amphetamine use and mental health problems.  The mother’s violent relationship with B’s father which has impacted upon her ability to meet the children’s needs.  A’s lack of attendance at school and lateness when he does attend.  The mother’s eviction from her property as a result anti-social behaviour and the large number of people visiting the home together with the behaviour between the parents.  The failure of the parents to comply with the Child Protection Plan dated 5^th November 2008.  The failure of the parents to adhere to the Plan formulated at the pre-proceedings meeting held on the 8^th December 2008.  The parents failed to engage with a parenting and risk assessment.  In these proceedings I have had the benefit of an exceptionally thorough and helpful psychological assessment of the family by a Consultant Clinical Psychologist.

10.

I must consider the test I have to apply for the threshold criteria for final care orders.  I am satisfied that at the time protective measures were taken the children had suffered and were likely to suffer significant harm being attributable to the care given or likely to be given to them not being what it would be reasonable to expect a parent to give to a child.  I find that there is evidence in the filed documents to satisfy this test.  I approve the schedule of findings sought by the Local Authority in the amended document prepared at court today, dated the 23.11.09 and signed by the parents and I make findings of fact accordingly.  A copy of this document is annexed to this judgement. 

11.

I must now turn to the need for an order.  I remind myself that it is the children’s welfare that must be my paramount consideration.  In reaching my decision I have considered as I must all relevant welfare checklist factors as set out in the Children Act 1989.  I have heard that the Local Authority plan is to provide a long term foster placement for the children together as set out in their care plans.  I start from the point that we should not intervene in the life of children and families unless it is necessary to do so.  The less-interventionist approach applies, not only as to whether an order is necessary, but also to the choice of order.  I am satisfied that the evidence produced at this hearing is sufficient for me to find that the orders sought here are necessary to safeguard the children’s welfare.  I am satisfied that the proposals put before me will provide a stable future for the children. 

12.

I now turn to contact.  In order to maintain the relationship between the respective parents P and S with the children A and B contact arrangements have been proposed.  It is proposed due to the relationship between the parents that contact will be separate for them.

13.

It is expected that contact will gradually reduce in a phased plan for the parents both moving to weekly, fortnightly then three weekly until February 2010 at which time contact will move to six times per year for the mother and three times per year for B’s father.  Following the reduction contact will last for two and a half hours and will be activity based.  The precise dates and times of the contacts are set out in the contact plan which is annexed hereto.  I am satisfied that these are sensible and proper arrangements and that in practice they are appropriate.

14.

I therefore make care orders to X Council in respect of both children.  In doing so I approve the Local Authority’s care plans for the children.

15.

In reaching my decision I have paid due regard to the interests safeguarded by the Human Rights Act and I am satisfied on reviewing all the information that the measures of interference are fair and proportionate.

16.

AGREED THRESHOLD

17.

The Council contends that the children have suffered and were likely to suffer significant harm being attributable to the care given or likely to be given to them not being what it would be reasonable to expect a parent to give to a child.

18.

In particular

1. The mother had her three previous children removed from her care and those children were subject of final care orders in the Family Proceedings Court.

19.

2. The mother has led a chaotic lifestyle as a result of drug use as well as psychological problems which impact upon her ability to meet the children’s needs.

20.

3. P and S had a relationship which was beset with domestic violence/domestic disturbances and on occasions the children were exposed to such incidences and thereby suffering emotional harm.  Police records indicated in excess of 30 domestic disturbance reports between the couple.

21.

4. The mother was evicted from her home on 1^st September 2009 on the basis of anti-social behaviour as a result of her chaotic lifestyle, domestic violence incidents/disturbances, numerous visitors to the home and complaints from neighbours.  She is now homeless.

22.

5. The mother failed to ensure the regular attendance of the children at school and nursery, thereby causing problems and delay with their development, educational achievement and socialisation.

23.

6. That P and S provided inconsistent, unpredictable, inappropriate and chaotic care to the children as identified by professionals.

24.

Contact

In order to maintain the relationship between parents, P and S with children, A and B the following contact arrangements are proposed.  Due to the volatile relationship, it is proposed that contact will be separate for P and S.

25.

Contact will be gradually reduced in a phased plan for P and S, both moving to weekly, fortnightly then three weekly until February 2010, at which point contact will move to five times per year for P and three times per year for S.  Following the reduction, contacts will last for two and a half hours and will be activity based.

26.

P – phased reduction of contact

Thursday 26.11.09             15:30 – 17:00

Monday 30.11.09              15:30 – 17:00

Monday 7.12.09                15:30 – 17:00

Wednesday 23.12.09         15:30 – 17:00 – Christmas family contact

Monday 4.1.10                  15:30 – 17:00

Monday 25.1.09                15:30 – 17:00

Six contacts per year

February

April

May

August

October

December

27.

S – phased reduction of contact

Tuesday                  24.11.09       15:30 – 17:00

Tuesday                  1.12.09         15:30 – 17:00

Monday                  14.12.09       15:30 – 17:00

Tuesday                  29.12.09       15:30 – 17:00 – Christmas family contact

Monday                  11.1.10         15:30 – 17:00                   

Monday                  1.2.10           15:30 – 17:00

Three contacts per year

April

July

December

28.

Before a  District Judge

29.

23^rd November 2009