The Mother v The Local Authority & Ors

The Mother v The Local Authority & Ors

The risk of emotional harm to the children from notification and direct ascertainment of their wishes, while significant, is not sufficient to justify exclusion from participation in proceedings affecting their Article 8 rights. The children must be notified and their wishes and feelings obtained, with harm mitigated by a shared narrative and sensitive handling.

Parties
Applicant: The Mother; First Respondent: The Local Authority; Second Respondent: The Father; Third Respondent: The Children
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Family / Judgment on Procedural Issue Regarding Notification and Ascertainment of Children's Wishes in Application to Discharge Care Orders
Outcome
Children to be notified of the mother's application and their wishes and feelings to be directly ascertained.
Legal Topics
Care Orders, Children's Rights, Notification of Proceedings, Ascertainment of Wishes and Feelings, Article 6 and 8 ECHR, UN Convention on the Rights of the Child
Family Law Children Law Care Orders Children's Rights Notification of Proceedings Ascertainment of Wishes and Feelings Article 6 and 8 ECHR UN Convention on the Rights of the Child

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Parties

The Mother

Applicant

The Local Authority

First Respondent

The Father

Second Respondent

The Children

Third Respondent

Procedural Posture

Family / Judgment on Procedural Issue Regarding Notification and Ascertainment of Children's Wishes in Application to Discharge Care Orders

Legal Issues

  1. 1 Should the children be notified of the mother's application to discharge care orders and have their wishes and feelings directly ascertained?
  2. 2 Does the risk of emotional harm from notification outweigh the procedural and substantive rights of the children and mother under Article 6 and 8 ECHR and section 1(3) Children Act 1989?

Ratio Decidendi

The risk of emotional harm to the children from notification and direct ascertainment of their wishes, while significant, is not sufficient to justify exclusion from participation in proceedings affecting their Article 8 rights. The children must be notified and their wishes and feelings obtained, with harm mitigated by a shared narrative and sensitive handling.

Court Disposition

Children to be notified of the mother's application and their wishes and feelings to be directly ascertained.

Orders

  • Guardian to prepare a shared narrative for the children, with input from therapist and Dr Tostevin, signed by all parties.
  • Guardian to obtain children's wishes and feelings in a sensitive manner, ensuring no pressure is placed on them.