OCC v B & T [2015] EWFC B73 (18 June 2015)

OCC v B & T [2015] EWFC B73 (18 June 2015)

Despite the provision of appropriate services and support tailored to RB’s deafness, she has been unable to sustain the necessary parenting changes to ensure the children’s safety and welfare. The risk of harm from domestic violence and inconsistent parenting remains high. All realistic options short of removal have been explored and exhausted. The welfare of the children requires the making of final care orders with a plan for placement outside the birth family.

Citation
[2015] EWFC B73
Parties
Applicant: OCC; First Respondent Mother: RB; Second Respondent Father: ST; Third and Fourth Respondents: JR and K (acting through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
18 June 2015
Procedural Posture
Care Proceedings (public Law) / Final Hearing and Judgment
Outcome
Final care orders granted for both children (JR and K).
Legal Topics
Care Orders, Adoption, Domestic Violence, Parental Capacity, Disability and Access to Justice
Family Law Child Protection Care Orders Adoption Domestic Violence Parental Capacity Disability and Access to Justice

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Parties

OCC

Applicant

RB

First Respondent Mother

ST

Second Respondent Father

JR and K (acting through their Children’s Guardian)

Third and Fourth Respondents

Procedural Posture

Care Proceedings (public Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether final care orders should be made for JR and K with a plan for adoption or alternative long-term placement outside the birth family
  2. 2 Whether the mother (RB) has received adequate deaf-specific parenting support and whether she can safely and consistently parent the children
  3. 3 Whether the threshold criteria under s.31(2) Children Act 1989 are met

Ratio Decidendi

Despite the provision of appropriate services and support tailored to RB’s deafness, she has been unable to sustain the necessary parenting changes to ensure the children’s safety and welfare. The risk of harm from domestic violence and inconsistent parenting remains high. All realistic options short of removal have been explored and exhausted. The welfare of the children requires the making of final care orders with a plan for placement outside the birth family.

Court Disposition

Final care orders granted for both children (JR and K).

Orders

  • Care orders made in respect of JR and K.
  • Contact with parents to be reduced as per care plans pending placement proceedings.