H (A Child), Re [2017] EWFC B78 (27 January 2017)

H (A Child), Re [2017] EWFC B78 (27 January 2017)

The evidence demonstrates that Margaret's mother cannot meet Margaret's physical and emotional needs, even with support, and cannot be considered a realistic future carer. The foster carer has become the primary attachment figure. The Local Authority's failure to provide a final care plan and the need for further family assessment prevent final determination, but the mother is ruled out as a future carer.

Citation
[2017] EWFC B78
Parties
Applicant Local Authority: Lancashire County Council; Respondent Mother: Margaret's mother; Respondent Father: Margaret's father; Subject Child: Margaret (child); Guardian: Ms Sally Wright
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Care Proceedings (public Law) / Adjourned Final Hearing; Not Concluded
Outcome
Mother ruled out as future carer for Margaret; final determination of care plan adjourned pending further family assessment.
Legal Topics
Care Orders, Adoption, Parental Capacity, Welfare Checklist, Statutory Time Limits
Family Law Child Protection Care Orders Adoption Parental Capacity Welfare Checklist Statutory Time Limits

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Parties

Lancashire County Council

Applicant Local Authority

Margaret's mother

Respondent Mother

Margaret's father

Respondent Father

Margaret (child)

Subject Child

Ms Sally Wright

Guardian

Procedural Posture

Care Proceedings (public Law) / Adjourned Final Hearing; Not Concluded

Legal Issues

  1. 1 Whether Margaret's mother can be a realistic future carer for Margaret
  2. 2 Whether the Local Authority has sufficiently explored support options for the mother
  3. 3 Whether the threshold for adoption is met

Ratio Decidendi

The evidence demonstrates that Margaret's mother cannot meet Margaret's physical and emotional needs, even with support, and cannot be considered a realistic future carer. The foster carer has become the primary attachment figure. The Local Authority's failure to provide a final care plan and the need for further family assessment prevent final determination, but the mother is ruled out as a future carer.

Court Disposition

Mother ruled out as future carer for Margaret; final determination of care plan adjourned pending further family assessment.

Orders

  • Mother's contact with Margaret to reduce to three times a week, subject to further review.
  • Further assessment of family members to be conducted before final care plan is determined.