Neutral Citation Number: [2010] EWCC 49 (Fam)
In the County Court
Before:
District Judge X
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Between:
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Local Authority X
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Applicant
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And
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A Mother
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Respondent
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Hearing dates: 07 July 2010
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Judgement
- This is an application by Z County Borough Council for a
care order pursuant to section 31 of the Children Act in respect of A,
born on [date given]. A’s father is unknown and therefore has,
stating the obvious, not taken part in these proceedings.
- Dealing with that particular point for the moment I read
in the papers quite understandably that B had raised that -- I will use
her first name, if I may -- about how one addresses that with A as he
grows up. He has obviously some knowledge but I do hope that advice and
assistance can be given to address such matters for the future. They are
not easy to address. I will say no more at this stage but one is aware
that that is just one of the issues that needs to be addressed here.
- CR is the mother. As I will describe in a moment she has
quite a number of significant problems as described by Dr. D in his
report, and I will come to that a little bit later. She is the mum of A.
He is seven now. He has four elder stepsiblings, as I suppose one would
call them, but nevertheless all children of C, which is the point I am
coming to, and B is second eldest. Is that correct? 1984? I do apologise.
E is 1981, F is 1982. Is that right? Then it is B in 1984 and G in 1986.
So there is an older family, if I can call them that. B therefore now is
the ripe old age of 26. She has another child who lives with her and she
has recently or comparatively recently entered into another relationship
with a gentleman and on the face of it everyone gets on reasonably well at
this stage.
- Dr. D in his report did an assessment of B and, for
example, raises issues there relating to her background and her relationships.
I am sure anyone in this court who was subject to a psychological
assessment would have to read things that are difficult for us to read
sometimes.
- The bottom line on it is that young A has been living with
B for about a good year now, I think it is, and all the signs are that he
is happy living with his sister -- I do not use the word ‘happy’ very
often but I will use it -- and it looks as though that is a good place for
him to be living for the foreseeable future. Not surprisingly therefore
when these care proceedings started he was placed quite early on with his
sister and that placement has worked well so it is of no surprise today to
note that as part of the local authority care plan, and there is a care
plan filed with some amendments that I will move on to, the long term
foster care arrangement is with his sister B. It is far better in care
cases if a child can be placed within the family and in this case it has
proven to be the case.
- It is a huge commitment for B to do what she is doing and
we all recognise that. I see that mum is nodding behind as well. She
sees that and recognises that. Life cannot always be easy but she has
certainly demonstrated in the last year or so that she has put her whole
being into looking after A and to his every need. Everyone in the room is
supporting that.
- We know that mum ideally would like to have A back with
her, notwithstanding that she supports, I am sure, the fact that A is
doing well with B.
- The local authority, ultimately the official solicitor
representing mother, sees that that is the best way forward and most
certainly the guardian recommends that as the way forward today.
- In this case as with all care cases there has been a huge
amount of work by all of the professionals involved and I do no disservice
in a few words only by reflecting I think it is three bundles I have of
1,000 pages. Certainly the core bundle itself is a very large document
which reflects the huge amount of time and effort that various
professionals have put into this case. Professionals are often
criticised. I suppose social workers are often criticised. All I would
like to say in this case is that everything I have read seems to me that
everything has been done that possibly could be done to support A’s wellbeing
for the future.
- For the court to make a care order the special
requirements, as they are called, of section 31 of the Children Act 1989
have to be overcome. I will read out section 31: “A court may only make
a care order if it is satisfied that the child concerned is suffering, or
is likely to suffer, significant harm, and that the harm, or likelihood of
harm, is attributable to the care given to the child, or likely to be
given to him if the order were not made, not being what it would be reasonable
to expect a parent to give to him.” I always find the section slightly
strange when it says “the care given”. It is very often the lack of care
given. It means the care is not up to the required standard.
- In this case there have been various threshold documents,
if I can call them that, but there has been a final amended threshold
document which the parties have placed before the court, which is in the
bundle. I will just locate that to B16. It is quite a short document
from what is set out. I will not read it out but essentially the issues
there are the failure by mum really due to her inability to give the right
care to the child. It meant for example that he missed school and his
health needs were not met. The hygiene in the house was not up to what it
should have been. In saying that I do recognise that mum had a partner
who sadly had a stroke, I think it was, and that had a huge impact, must
have had a huge impact on life, and the poor gentleman was in bed, had
incontinence issues, all sorts of things like that. Perhaps against that background
the pressures undoubtedly would have been heaped on mum, pressures which
she would find difficulty in dealing with, given the personal
circumstances that Dr. D highlights. So the threshold document -- as I
say, I will not read it all out -- is there. It is quite a short document.
But that is in essence as I have just read out. The contents of that
composite document are there.
- The official solicitor who was appointed by the court and
accepted the appointment having considered the medical circumstances has
agreed that threshold document.
- Let me say this. I am more than satisfied, having read
the earlier documents served by the official solicitor, that this has been
far more than a paper exercise in that department. There has been very
careful consideration of the statements that mum’s solicitor has taken and
been referred to the official solicitor. Quite rightly some of the
matters raised have been removed from the threshold, if I can put it like
that. The point is that the threshold hurdle, as I have described it, is
clearly overcome in this case. There is no dispute about it today and
quite rightly there is not a dispute. It would have been wrong had the official
solicitor, it seems to me, given instructions, which he did not, to
contest the threshold. Patently the threshold has been overcome.
- One then has to look to what one could call the welfare
test as to what is best for this child for his future. As I have
mentioned already all of the guardian, B herself, the local authority,
believe that the right way forward is for a care order.
- Very often in these types of cases there are issues such
as a residence order to a member of a family or a special guardianship
order to a member of the family. Those have not raised their legal heads
in this particular case and I well understand why, because of the
difficulties that mum has suffered, because of issues of B being only 26.
She is (inaudible) single mum, if I can call her that, albeit in a new relationship,
requiring the support in mum’s ongoing difficulties.
- It does seem to me that the making of a care order is the
appropriate order as opposed to considering any of the alternatives.
- I do not look into the long term future. There may be
other ways forward in the future, but as things stand at this moment in
time. And also that takes into account the needs of young A himself.
- There has been a core assessment in this case. It was, I
think, about a year ago now. It was not then perhaps early enough, with
hindsight, but there we are. The core assessment has been done and can I
do no disservice to the detail of that document by not going through it as
precisely today.
- There have been the various statements filed and served on
behalf of the local authority and social workers who do all their work,
but I find it easier sometimes to home in on one document and I do so by
looking at the psychological assessment of Dr. D, only because the work
that he does brings all the strings together and adequately summarises
matters for me.
- In many ways what the guardian has said in her various documents
filed, the last one being the document of H, which I think is dated the 18 th March 2010, she recommends: “I am in full agreement that a care
order is the appropriate order needed. All professional assessments
including my own identified the need to share parental responsibility with
mum to ensure that A’s needs are continued to be identified and remain a
priority.”
- Quite an amount of concentration of the latter work has
been on the quality of contact. I will return to that in a moment. It is
of long term concern because clearly insofar as is possible whatever
support can be given to mum and indeed to B needs to be put in place. One
does not want for the future issues of contact to drift into nothing.
That must not be allowed to happen. But because of mum’s personal
circumstances as far as [I will use the word] health is concerned then
there are issues there that need to be addressed. Of course ultimately
contact must be looked at from the point of view of what is best for A’s
welfare and that is why, albeit I am sure with reluctance, there has been
a suggestion, and it is put in place, that the contact reduces to six
weeks at this current moment in time. Historically there were problems
with contact. It is about resources because the contact was at the J -- I
am not sure what to call it now -- and it was not the world’s greatest
place for contact to take place. A movement into the community, if I can
call it that, has clearly improved contact so activity-based contact,
which of course has to be supervised, certainly likely supervised for a
long time, is taking place and the local authority make it abundantly
clear in their care plan that they are prepared to support that type of
contact with the appropriate resources.
- Going to the psychological assessment, Dr. D is well known
in these cases for preparing his usual tremendously detailed reports and
detailed analysis. I am pleased to say I have been able to read it twice
now, the report, and they sometimes do need to be read a couple of times
to fully appreciate what has been said, but the work there is clearly
detailed and followed obviously interviewing the parties, interviewing
both B and indeed C, seeing the child and seeing contact.
- Whilst I am on the issue of contact unfortunately, as Dr.
D highlights in his report at page 47 in his report -- 869 in the bundle,
I think it is -- he said this, having said a lot, but I am dealing with
the issue of contact: “However, on the other hand it seems clear that A
looks forward to having contact with his mum, and K at L school said A
tends to get excited on the days having contact with his mum in the
evening and B has also reported that A has developed an emotional bond
with his mother.” That is just taking out a sentence within hundreds of
sentences but that is something to hang on to for the future, it seems to
me, and hopefully these matters can develop.
- But against that, and I will read out some of the
quotations in Dr. D’s report, first of all he dealt with A, and he said --
this is at page 63: “Findings from this assessment raise very serious
concerns in relation to A’s psychological function and development whilst
he was in the care of his mum. The school indicated various serious
concerns about his psychological functioning whilst in the care of his mum
and he presented in school then as being a very withdrawn, timid,
uncommunicative child whose general psychological development and
functioning were extremely delayed.” He also later on under that
‘concerning’ heading, if you like, says: “In particular it seems that
when A was in the care of his mum that C has established an extremely
dysfunctional relationship with her son. I am also concerned that when he
was in the care of his mum he is exposed to extremely high levels of
frightening and negative experiences. It is my opinion that his
psychological development has been significantly harmed by his mother’s
tendency, capacity to understand and sensibly respond to the needs are (inaudible)
extremely limited. I would almost go as far as to say practically
non-existent.”
- He also says this, and this comes back to the contact
situation because certainly some months ago the guardian was very
concerned about contact, B was, and indeed the local authority social
worker was. He says this. He observed contact between C and A. “It was
one of the most bizarre and dysfunctional I have ever observed.” And that
is with a very experienced gentleman, as he is, in his particular field.
- So it is against that background that one has to obviously
be very careful for the future as to issues of contact.
- He makes the finding at 865: “A is experiencing a range
of emotional problems and clear that he presents as being a very
emotionally immature little boy whose emotional function is at a level
more commonly associated with much younger children. He had poor capacity
to concentrate.”
- He then said at 866 the cause of A’s very serious
concentration problem was not clear. He was not suffering from ADHD, for
example. He had difficulties with his peer relationships. And it was
described he was experiencing a range of significant intellectual and
educational problems.
- So again I do no disservice to the very detailed report by
making a few of those quotations as to the sorts of problems that were
being exhibited with A.
- An assessment of B was also done by the doctor and I am
not going to read that out. She read it. She knows what it says and
everybody does know what it says. But I do read out one part. It is page
870. “Reports from social services on the school indicate that since A
has been in the care of his sister B that significant improvements have
taken place in his general psychological functioning. It seems that since
A has been in the care of his sister he now presents as a much more
confident and happy child [I go back to my word ‘happiness’] and it is
clearly of significance that A no longer presents as being a very withdrawn
and uncommunicative little boy. In my opinion these important
improvements in A’s behaviour are likely to be directly attributable to
the quality of care that B is now providing for him.” I would like to
think -- me jumping in there -- that reading those words would be of great
support to a family, to read that is what someone as experienced and in a
sense hard-nosed, if you like, as Dr. D is able to say. It is helpful for
the future. It also says that the school themselves had no concerns about
the quality of care. Often the teachers pick these things up. My wife
happens to be a teacher, for ever talking about what she picks up with the
children. But the school very often pick things up, do they not?
- Dealing with mum, with C, again just very shortly because
the report says what it says, but he says that he finds her an extremely
vulnerable woman who is experiencing very serious psychological
difficulties. A very dependant and vulnerable person who was not able to
deal with the normal challenges associated with independent adult living.
Describes her capacity to understand the wider social work as being
extremely limited and in many ways she functions at a level more normally
associated with a younger child. He talks about the general social behaviour
appearing to be and was bizarre and eccentric were the words he used.
- He also then at page 54 says this: “It is my view that
C’s very severe verbal intellectual difficulties means she is not able to
function fully in society to a mature level. It seems she has little
prospect of appreciating anything other than simple concrete concepts and
her ability to think in an abstract manner is clearly very limited. Her
ability to understand the meaning of verbally communicated information and
to understand everyday psychological ideas and concept is very limited, as
are her non-verbal reasoning skills.”
- I am pleased to hear that an advocate will be helping her
out with her future but it is very easy for people to overlook that some
people cannot always pick up things as easily as many of us would like to
think. But that is recognised by that doctor and I hope for the future
that these matters will continue to be recognised by all of the
professionals, ultimately for the benefit of A.
- He does recommend a comprehensive assessment of function,
etc. I know that has been subject to thoughts today and matters that the official
solicitor also was concerned about.
- Dealing with the prognosis, unfortunately he came to the
view that in his opinion there was no prospect of her making significant
improvements in her general psychological functioning and her parenting
capacity. With all those matters in mind he came to a strong
recommendation that in reality mum could not care for A, and that is where
we are at today where B is thankfully in a position to care for him.
- In his questions and answers at the end of the document at
H82: “What additional assistance could be provided to C to ensure contact
is beneficial to A?” something we have been concerned with earlier on
today. Answer: “In order to try to address this issue I would recommend
that work is undertaken by an experienced professional local learning
disability service to try and present information to C in a way she is
able to understand.”
- A couple of months ago when this case was adjourned for
today it was hoped that referral to those particular services would
produce an effective response. Sadly, as we have seen today, the services
are not able to assist for various reasons. It seems to be suggested that
C does not fall within their criteria. To say one was surprised to read
the letter in response to that was an understatement, I will be perfectly
honest with you, but if that is the way the health authority are providing
their service, well, so be it. I certainly acknowledge that it has been
through no lack of effort on behalf of the local authority and indeed the official
solicitor and others that these services have not been tried to be
obtained.
- So I have spent a little while going through Dr. D. It is
only a short summary of a document that if I read it out would take
probably the rest of the day. I do not think it is necessary to do that.
But it gives an indication of the sorts of issues that have existed in
this particular case.
- The care plan that is being filed we have looked at and I
have no difficulties of course with the care plan.
- The real issues have been over the future management of
contact. In a sense quite a lot will fall on the not so broad shoulders
of B but they will be broad shoulders in the sense that she is taking on
the responsibility, de facto at least, although the legal
responsibility in many ways is falling on the shoulders of the local
authority with a care order and in many ways that is the reason why we are
making a care order rather than a residence or a special guardianship
order because clearly the ongoing involvement of the local authority is
desperately important in this case.
- I have been told about the LAC reviews as happen in these
cases. Part of the amended plan is that the reference to the LAC chair
will be made aware of the fact that mum does not qualify, I suppose is the
word, for referral for various support and that the LAC chair will
continue to refer matters to appropriate services. Whatever services are
there, let us hope that the best services available can be provided. I
think that the family deserve that in this particular case. We are all
aware of all the cut backs and I suppose it will get even worse for local
authorities and everything else and one certainly this side of the desk if
not the other was fully aware of the huge burdens on the children’s
department of any local authority, particularly those in this area that
one is aware of.
- It also says the current level of supervision and support
from the social worker given to C during contact will continue and that
the LAC chair will continue to use the powers to ensure that no drift
occurs in the case management of this matter. I do not think one can
actually say any more than that. I am quite happy to rely on the local
authority for saying that.
- There was some concern earlier on today that could more be
done and maybe we would have to come back, but I am more than satisfied
that mother’s counsel has spoken to the official solicitor’s department
and their concerns on that to a degree have been alleviated, as indeed
have mine. I think we were on the same wavelength as far as that is
concerned when I started the case earlier on today.
- As I said, I have been told that the guardian is, I would
say, as happy as can be in these circumstances that matters are in place.
- So where does that leave us? The welfare of the child
clearly in this case is with, de facto, B, been caring for him, but
for the reasons that have been given it is definitely right that there be
a care order in this case. There are going to be considerable issues for
the future. None of us knows what our future lives bring. Who knows what
B’s life will bring? She is a young lady with her life ahead of her and
two children effectively to support, both the same age. Do they go to the
same school or a different school?
- SPEAKER: (Inaudible)
- THE JUDGE: All right. Thank you. I should have picked
that up. Two youngsters to look after. Not quite like twins but there we
are. That sort of age group together. And there will be those issues
there.
- I am sure mum will want to hopefully be in a position to
improve the contact. That is not going to happen overnight. Let us be
left in no doubt about it. It is going to take a lot of work to be able
to improve that. But at the end of the day it is not so much about the
quantity of contact but the quality of contact, the quality primarily for
the child obviously but obviously as important from mum’s point of view
for her, but that is the important thing and I hope that a degree of
flexibility can be given, that there is not too much clock watching if it
comes to that.
- So with all those factors in mind I will therefore make
the care order to the local authority.
- He has been subject to interim care orders since these
proceedings started, I think originally in the FPC and transferred up when
the issue of capacity was brought into account. There has been no delay
in this case. There have been the usual issues, one when there is a
transfer up from the FPC and then the involvement of the official
solicitor. In this case the official solicitor was involved very
quickly. It is sad for me to recount only because I spent in a case
yesterday getting very frustrated at the lack of resources that now exist
in the official solicitor’s office and delays of months and months and
months. I am pleased to say that that has not happened in this case.
Perhaps it will happen more for the future. But as I said and I repeat I
am quite satisfied that mother’s case has been fully represented by her
lawyers in this part of the world who have been instructed by the official
solicitor and it has not been, can I call it, a rubber stamp. Far from
it. There has been very careful consideration. And as hopefully I made
clear when this case was called in this morning there is no rubber stamp
either, if that is the right expression, by judges in these cases. One
reads the papers as carefully as one possibly can and if there are issues,
and I certainly have the issues about the contact which have been
addressed as best as we can today, that they will be addressed.
- So I make the care order.
- I am asked to make a few additional orders.
- One is that the solicitor for the mother (inaudible)
permission to disclose the report of Dr. D and M -- she was the doctor who
made a first assessment for the -- was it not her Honour Judge N actually
made that assessment? -- yes -- to the general practitioner for all
purposes.
- Any further (inaudible) including the (inaudible) of
cognitive neuropsychological assessment. Whether such will happen depends
on the National Health Service, I suspect, but at least one can do one’s
best to press these matters.
- Secondly the guardian’s solicitor has permission to
disclose the care plan direct to the LAC chair, so that is the guardian
herself, and I am grateful for that, making sure that the LAC chair gets
it from her rather than from anyone else. Good old guardians. Sorry,
good young guardians. I did not say that disrespectfully. They always
want to do that and I think that is a good way forward.
- There is the amended care plan which I have the written document
which is handwritten by virtue of its last minute amendments and if the document
can be filed as suggested by the 13th July that is fine by me.
- I will then make the order that A is placed in the care of
Z County Borough Council.
- As far as costs are concerned, no costs order save the
usual CLS assessments.
