England and Wales Magistrates' Court (Family)

Neutral Citation Number: [2010] EWMC 46 (FPC)

 

 

In the Magistrates’ Court

Family Proceedings Court

 

 

 

Before:

The Lay Bench

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Between:

 

	X Local Authority	Applicant
	and
	A Mother	1st Respondent
	and
	A Father	2nd Respondent
	and
	Children’s Guardian	3rd Respondent

 

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Ms M	for the	Applicant
Mr C	for the	1st Respondent
unrepresented	for the	2nd Respondent
Mr J	for the	3rd Respondent

 

 

Hearing dates:      

 

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Justices’ Reasons

 

1. These facts and reasons have been agreed by all parties save for mother and father 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.
2. Father is not present in court today. Father has been informed in writing (letter dated 4^th May 2010) that there is a hearing listed today 18^th May 2010 and that the court may consider making a final order in his absence. Mother is present at court.
3. Mother agrees to the attached threshold document.
4. Having heard evidence from the Social Worker, we find that the threshold criteria dated 25.06.09 is met in respect of father as he is not here to contest the issue.
5. In determining whether the threshold criteria under section 31 has been satisfied we have examined and considered the documentary and oral evidence presented. We find as a matter of fact the following;
6. The children have suffered /are at risk of suffering significant harm. The harm/risk of harm is attributable to the care given to the children by their parents. (please see attached threshold document).
7. We therefore find that the threshold criteria has been satisfied.
8. In deciding what orders to make, if any, we have considered the welfare of the children to be our paramount consideration.
9. We have considered the factors in the welfare checklist and make the following findings of fact;

A)    having regard to the ascertainable wishes and feelings of the children concerned, considered in the light of their age and understanding we find that Child C has expressed a wish that she does not want to return to the care of her parents. Child J is not of an age to be able to express his wishes and feelings. Both children have expressed a wish for continued contact with their parents. Consideration has been given to the ascertainable wishes and feelings of the children, who are to remain together in the care of their current foster carers. The children’s contact with their parents will continue to be reviewed through the LAC review process.

B)    Regarding their physical, emotional and educational needs we find both children’s physical, emotional and educational needs are the same as any other child of their age.

C)   The likely effect of any change in their circumstances. The children are to remain together with their current foster parents.

D)   Their age, sex, background and any other characteristics which the court considers relevant. Consideration has been given to the children’s age, sex, background in making this decision.

E)    Any harm that they have suffered or is at risk of suffering. The children have suffered/at risk of suffering significant harm in the care of their parents. (Please see attached threshold document).

F)    How capable each of their parents and any other person to whom the court considers the question to be relevant, is of meeting their needs. The Local Authority has concerns in relation to the parents ability to meet the children’s needs were they to be returned to the care of either their mother or father.

G)   We have considered the range of powers available to the court under this Act in the proceedings in question.

 

10. In reaching our decision we have also considered the parties rights contained within the European Convention on Human Rights. Giving particular attention to article 8, however we consider that the making of a care order is proportionate in this case.
11. We have considered the principle of making no order, however, consider the making of a care order to be proportionate and in the children’s best interests in order to allow the Local Authority to share parental responsibility for the children.
12. We therefore make the following orders:

A Care Order is made in favour of the County Council for the children Child C and Child J.