A, B, C, D & E (Final Hearing), Re [2015] EWFC B186 (18 November 2015)

A, B, C, D & E (Final Hearing), Re [2015] EWFC B186 (18 November 2015)

The court found that the parents' entrenched mistrust and hostility towards professionals, failure to engage with the Symbol assessment, and lack of measurable change in parenting capacity meant that returning the children to their care would expose them to a risk of significant harm. The welfare of each child required that they remain in their current foster placements, with care orders made to secure their permanence. The court held that the local authority's care plans best promoted the children's welfare and that further delay was not justified.

Citation
[2015] EWFC B186
Parties
Applicant Local Authority: Hampshire County Council; Respondent Mother: M (Mother); Respondent Father: F (Father); Subject Child: A (Child); Subject Child: B (Child); Subject Child: C (Child); Subject Child: D (Child); Subject Child: E (Child)
Jurisdiction
England and Wales
Judgment Date
18 November 2015
Procedural Posture
Care Proceedings (public Law) / Final Welfare Hearing
Outcome
Care orders made for all five children; children to remain in foster placements as per local authority care plans.
Legal Topics
Care Orders, Parental Responsibility, Article 6 ECHR, Article 8 ECHR, Welfare Checklist, Threshold Criteria, Parenting Assessment, Delay in Proceedings
Family Law Child Protection Human Rights Care Orders Parental Responsibility Article 6 ECHR Article 8 ECHR Welfare Checklist +3 more

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Parties

Hampshire County Council

Applicant Local Authority

M (Mother)

Respondent Mother

F (Father)

Respondent Father

A (Child)

Subject Child

B (Child)

Subject Child

C (Child)

Subject Child

D (Child)

Subject Child

E (Child)

Subject Child

Procedural Posture

Care Proceedings (public Law) / Final Welfare Hearing

Legal Issues

  1. 1 Whether the children should be returned to parental care or remain in foster placements
  2. 2 Whether the parents have made sufficient progress to safely parent the children
  3. 3 Whether the local authority and professionals failed in their duties

Ratio Decidendi

The court found that the parents' entrenched mistrust and hostility towards professionals, failure to engage with the Symbol assessment, and lack of measurable change in parenting capacity meant that returning the children to their care would expose them to a risk of significant harm. The welfare of each child required that they remain in their current foster placements, with care orders made to secure their permanence. The court held that the local authority's care plans best promoted the children's welfare and that further delay was not justified.

Court Disposition

Care orders made for all five children; children to remain in foster placements as per local authority care plans.

Orders

  • Care orders granted for A, B, C, D, and E.
  • A, B, and C to remain with foster carers FC1; D and E to remain with foster carer FC3.