Neutral Citation Number: [2010] EWMC 29 (FPC)

In the Magistrates’ Court
Family Proceedings Court

Before:

A District Judge

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Between:

	X Local Authority	Applicant	
	and		
	Ms A	1st Respondent	
	S (a child through his Children’s Guardian)	2nd Respondent	

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- - - - - - - - - - - - - -

Ms W	for the	  Applicant	
Ms B	for the	 1st  Respondent 	
Ms H	for the	2nd Respondent	

Hearing dates:      

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WRITTEN REASONS

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

Justices’ Reasons

	

These Facts and Reasons have been agreed by all parties save for the first respondent, 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.	
Today I am dealing with an application by X City Council for a care order in respect of S is two years old.  
	
2.	
S is the daughter of Mr A deceased and Ms A.
	
3.	The Local Authority concerns are set out in the threshold criteria document filed with the court and which is applicable to each child.	
4.	
On the 5th November 2009 I made care orders in respect of S’s older siblings namely B, BT, N, and K.  On the 25.2.10 I made a final care order in respect of W and on the 4.3.10 I made a care order and placement order in respect of R.
	
5.	
I adopt the reasons I gave at the conclusion of the above proceedings now in relation to S.  The same concerns are equally applicable to S.
	
6.	
The Local Authority’s plan is to place S with her elder half-sister E together with her partner D following a positive assessment of them.  The Children’s Guardian is in support of this plan.
	
7.	
Unfortunately I am told that S’s placement with E and D has not been formerly approved by the Local Authority’s fostering panel as criminal records bureau checks are still outstanding.  Although I am informed today that completed checks have now been received and there are no concerns.  It is anticipated that panel approval will be sought on the 28.6.10.  Regrettably S’s placement has to be delayed until then.  However I am told that it appears almost certain that the panel will approve S being placed with the couple.  The Children’s Guardian agrees with this.
	
8.	
In the unlikely event of the panel rejecting the couple as carers, the Local Authority would not be able to place S with them and the care plan sets out the contingency intention to then seek a placement order requiring a further application.
	
9.	
The Local Authority has given the court an undertaking that it would do so without delay and I note from the Guardian’s report dated 26.5.10 that an independently chaired review of S’s circumstances is due to take place in July 2010 which would safeguard the progress of plans.
	
10.	
I am informed that regular supervised contact has been taking place between S and the couple and this has been positive for her.  S is building a warm and confident relationship with them.
	
11.	
The arrangements for S’s contact with her older sibling are set out in her care plan which I consider are appropriate.
	
12.	
Ms A has been legally represented throughout the proceedings.  She has not attended this hearing and stopped engaging with the court proceedings.  She last had contact with S in September 2009.
	
13.	
I have read the bundle of papers before me and I have had the benefit of sitting as Judge throughout the proceedings in respect of all the children.  I am satisfied that the threshold criteria are met in respect of S.  I adopt the Guardian’s analysis of the welfare checklist and I am satisfied that the making of a care order is in S’s best interests.  I therefore make an order placing S in the care of Leeds City Council and endorse its care plan to place S with E and D.
	
14.	
Heard before a District Judge Magistrates’ Courts on the 28.5.10.