Neutral Citation Number: [2009] EWMC 7 (FPC)

In the Magistrates’ Court
Family Proceedings Court

Before:
     
Magistrates
     
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Between:

	X Local Authority	Applicant	
	and		
	Miss C	1st Respondent	
	Mr S	2nd Respondent	
	H (a child)	3rd Respondent	

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Re H (a child)

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Miss G	for the	  Applicant	
Miss S	for the	 1st Respondent 	
Mr H	for the	2nd Respondent	
Miss B	for the	3rd Respondent	

Hearing date: 7th December 2009

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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

		
1.	Evidence received by the court 
We have read the bundle provided by the Local Authority.
	
2.	Background to application 
H has been exposed to domestic violence, unhygienic home conditions, her parents’ drug abuse and the lack of consistent routines and boundaries.  As a result she has suffered neglect and possibly a failure to thrive.   The Schedule of Findings at 13-14 of the bundle.
	
3.	Mother, Miss C, does not attend today.
	
4.	Father, Mr S does not attend today, but he has responded to the schedule of findings and the care plan.   He agrees the care plan but was disagreeing with the level of contact suggested.  
	
5.	The Guardian represents the children and supports the making of a Special Guardianship Order.
	
6.	Findings of fact
We accept and adopt the schedule of findings at 13 -14.
	
7.	Findings of the court regarding statutory/ threshold criteria	
	Section 31(2) Children Act 1989 (Care/Supervision Order)
The court is satisfied that:

a)	the child is suffering, or is likely to suffer, significant harm; and 
b)	that the harm, or likelihood of harm, is attributable to 

the care given to the child, or likely to be given to her if the order were not made, not being what it would be reasonable to expect a parent to give to her.
	
8.	Welfare Checklist (s1 (3) Children Act 1989)

The court has had regard to the welfare checklist. 
g) The range of powers available to the court
No Order: this would allow H to stay with her parents without any safeguards.  Interim Supervision Order: Allows the Local Authority to supervise in the home.  Interim Care Order: This would mean H being placed in foster care.  Special Guardianship Order which would allow H to remain with maternal Great Aunt and Uncle, Mr and Mrs W, where she is currently placed.
	
9.	Human rights considerations
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
	
10.	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 less-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 order sought here is necessary to safeguard the child’s welfare.
	
11.	Today neither Mother nor Father attends court and their legal representatives consequently have no up to date instructions.   The other parties present have come to an agreement regarding the appropriate level of contact.   Mr and Mrs W also agree to the proposals.
	
12.	Accordingly we make an order in the following terms:
And upon it being recorded neither mother nor father have given their legal representatives instructions in relation to today’s hearing.
	
13.	Upon it being recorded that:
1)	Contact will take place between H and her parents three times a year.
2)	The contacts shall take separately.
3)	Should H not be available on the arranged date then alternative date(s) offered by Mr and Mrs W.
4)	The dates for contact with mother will be, 11 January, 10 May, and 6 September.  With father, 18 January, 17 May, and 13 September.   All contacts being 9.30 to 11.30.
5)	The contacts will be activity based at X Farm unless Mr and Mrs W inform the parents differently.
6)	The Local Authority will facilitate the contact sessions and liaise with all parties in making the arrangements for the first year.
7)	Should Mr and Mrs W require the contact to be supervised, it will be supervised by themselves.
8)	The parents will contact Social Care themselves before noon on the Friday before the contact, to confirm they will be attending contact on the following Monday.   Should the parents not contact Social care by noon on the Friday before the contact, the contact will be cancelled.
9)	The Local Authority will contact the parents prior to each contact in respect of the arrangements for the first year.
	
14.	And upon the Local Authority agreeing to circulate an amended Special Guardianship Support Plan regarding financial support and contact within 14 days.
	
15.	And upon it being recorded that should Mr and Mrs W need to seek the assistance of Social Care after the period of one year they should initially contact the Social Care Call Centre number and will be put in contact with the relevant and appropriate department who will assist them.
	
16.	Order of the court

That H is made subject to a Special Guardianship Order in favour of Mr and Mrs W.
	
17.	Before Justices 	
18.	7th December 2009