TCY (Children of Deaf Adults), Re

TCY (Children of Deaf Adults), Re

The Court found that the threshold for protective intervention was crossed, but the parents had made significant improvements, engaged with support, and demonstrated capacity to care for 'T' and 'Y' with ongoing support. The risks of harm were now low and could be mitigated with supervision and targeted support. Adoption for 'C' and 'Y' was not necessary or proportionate; long-term foster care for 'C' and Supervision Orders for 'T' and 'Y' were the appropriate, proportionate responses.

Parties
Applicant: The Local Authority; First Respondent: The Mother; Second Respondent: Father TCY; Third Respondent: Father HD; Fourth, Fifth, Sixth, Seventh and Eighth Respondents: H, D, T, C and Y (The Children through their Guardian)
Jurisdiction
England and Wales
Judgment Date
13 February 2025
Procedural Posture
Family / Final Judgment
Outcome
Care Order for 'C' with long-term foster care; Supervision Orders for 'T' and 'Y'; Placement Orders for 'C' and 'Y' dismissed; Special Guardianship Order for 'H' and 'D' in favour of Paternal Grandmother.
Legal Topics
Care Orders, Supervision Orders, Placement Orders, Adoption, Parental Responsibility, Children of Deaf Adults, Disability and Parenting, Threshold Criteria, Welfare Checklist, Article 8 ECHR, Support for Disabled Parents
Family Law Child Protection Human Rights Care Orders Supervision Orders Placement Orders Adoption Parental Responsibility +6 more

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Parties

The Local Authority

Applicant

The Mother

First Respondent

Father TCY

Second Respondent

Father HD

Third Respondent

H, D, T, C and Y (The Children through their Guardian)

Fourth, Fifth, Sixth, Seventh and Eighth Respondents

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether Care Orders, Supervision Orders, and Placement Orders should be made for the children
  2. 2 Whether the two youngest children should be placed for adoption
  3. 3 Assessment of parental capacity given deafness and learning difficulties

Ratio Decidendi

The Court found that the threshold for protective intervention was crossed, but the parents had made significant improvements, engaged with support, and demonstrated capacity to care for 'T' and 'Y' with ongoing support. The risks of harm were now low and could be mitigated with supervision and targeted support. Adoption for 'C' and 'Y' was not necessary or proportionate; long-term foster care for 'C' and Supervision Orders for 'T' and 'Y' were the appropriate, proportionate responses.

Court Disposition

Care Order for 'C' with long-term foster care; Supervision Orders for 'T' and 'Y'; Placement Orders for 'C' and 'Y' dismissed; Special Guardianship Order for 'H' and 'D' in favour of Paternal Grandmother.

Orders

  • Care Order for 'C' with long-term foster care
  • Supervision Order for 'T' (12 months)