H and C (Children), Re [2010] EWMC 30 (FPC) (2010)

Neutral Citation Number: [2010] EWMC 30 (FPC) In the Magistrates’ Court Family Proceedings Court Before: Lay Magistrates - - - - - - - - - - - - - - Between: X Local Authority Applicant and Ms W st Respondent Mr C nd Respondent H and C (children through their Children’s Guardian) rd Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms L for the Applicant Ms H for the 1st Respondent Mr T for the nd Respondent Ms F for the rd Respondent Hearing dates: 10 th June 2010 - - - - - - - - - - - - - - - - - - - - - Justices’ Reasons These Facts and Reasons have been agreed by consent by the parties and have been adopted by the Court and the Court is satisfied that the parties have agreed terms and the proposed Order is appropriate in the circumstances of the case. 1. The Local Authority apply for a Care Order in respect of the children H who is five years old and C who is three years old who were made subject to an Interim Care Order on 14 May 2009. H and C were placed in foster care on 7 May 2009 after Ms W, mother, had agreed to them being accommodated under Section 20 of the Children Act 1989. The children have remained in the same foster placement until they were placed with their maternal grandparents Ms K on 21 May 2010 following a Kinship Carer Assessment (C59-70b) and approval by the Fostering Panel on 16 April 2010. 2. On 27 March 2007 Children and Young People's Social Care received a referral from a Community Paediatrics Doctor, raising concerns that Ms W had failed to attend appointments with her and also the Health Visitor, resulting in C failing to thrive. An initial assessment identified that Ms W was struggling to cope with the children. Ms W admitted that she lacked understanding of the children's needs and their development and the children had no routines, guidance or boundaries. 3. The father of H and C is Mr C who was residing with Ms W in March 2007. The relationship between the couple was volatile. There have been a number of incidents of domestic violence between the parents (E15-20). The parents failed to recognise the emotional impact this was having on the children. Ms W was suffering from depression. 4. On 16 November 2007 Mr C attended Ms W's house under the influence of drink and drugs. He head butted Ms W causing an injury. He locked her and the children in the house and made threats with a knife. He telephoned the Police telling them to get to the property as he did not know what he might do. He was arrested and remanded in custody (E16). 5. The Findings of Fact sought (24-26) have been filed and served. Ms W has filed a response dated 30.9.09. Mr C has filed a response (27-29). Having read the documents in the bundle we find that the threshold criteria are met in this matter. 6. The mother undertook a parenting and risk assessment (C9-58). The assessment was not able to recommend the return of the children to her care and she is in support of the Local Authority’s Care Plan and the children remaining in the care of her mother, Ms K. 7. The father was initially remanded in custody and then serving a sentence imprisonment at the point of the issue of the proceedings. He was released from prison on 8 June 2010. 8. The father has undertaken an assessment (C75-126). 9. Mr C supports the application by the Local Authority (a) for a care order and (b) the placement of the children with their maternal grandmother Ms K. 10. The care plan outlines the mother’s contact once per week (CP8) for one hour. 11. The care plan and the assessment plan dated 9.6.10 outline the Local Authority’s proposals for contact with the father. The assessment as outlined will commence immediately and will be subject to a review at a meeting in August 2010. For the avoidance of doubt the new Social Worker will be named by the Local Authority by the 8 th July 2010. 12. We have read the report of the Children’s Guardian at C127 – C137. 13. We have considered the welfare checklist and the need for an order and we make a Care Order in respect of H and C. 14. The application for a contact order made by Mr C (A71 – A73) is withdrawn and contact will be at the discretion of the Local Authority 15. Heard before Lay Magistrates on the 10.6.10 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII