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England and Wales Family Court Decisions (other Judges) |
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You are here: BAILII >> Databases >> England and Wales Family Court Decisions (other Judges) >> C, Re [2022] EWFC 141 (B) (09 November 2022) URL: http://www.bailii.org/ew/cases/EWFC/OJ/2022/141.html Cite as: [2022] EWFC 141 (B) |
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Sitting at Oxford
B e f o r e :
____________________
OXFORDSHIRE COUNTY COUNCIL |
Applicant |
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- and - |
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A MOTHER |
Respondent |
|
and |
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A FATHER |
Second Respondent |
|
and |
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C (a child, acting through his Children's Guardian) |
Third Respondent |
____________________
For the Applicant: Mr Alex Forbes, instructed by Oxfordshire County Council
For the Respondent: Ms Poonam Bhari, instructed by Reeds Solicitors
For the Second Respondent: Ms Grazyna Dziseiwska, instructed by Youngs solicitors
For the Third Respondent: Mr Tony McGovern, of Creighton & Partners Solicitors Limited
____________________
Crown Copyright ©
Introduction
a. 1 April 2021 – 23 April 2021: Temporary holiday accommodation.
b. 23 April 2021 – 23 September 2021: [placement B].
c. 23 September 2021 – 1 February 2022: [placement C].
Questions for the Court to decide
The Court's power to make a care order
What are the main differences between a care order or being accommodated under section 20?
Analysis: care order or section 20?
Arguments in favour of section 20
Arguments in favour of a care order
Exercise of parental responsibility
(i) C's parents have not always got on well. They do not have a history of making decisions for C successfully together. If they do not agree about a decision about C's care this is likely to cause delay, confusion and upset for C as he waits for them to find a way to resolve it. The local authority will have limited or no powers to step in to help under a section 20 arrangement;
(ii) The local authority will be looking after him day to day and have better information about his wishes and feelings, about what is going on for him at that time, which will make it better placed to make decisions for him.
(iii) C's mum wants what is best for him and I believe she would only try to make decisions in his best interests. She has very good understanding of his needs. However, she and C have not always had an easy relationship. In the past there have been times when she has said hurtful things to C, or she has placed blame on him for her decisions. She has a partner and three other children, whose needs sometimes conflict with C's. This has in the past, and could in the future, make it difficult for her to make decisions that would put C's welfare first. There is a real risk that their relationship would be put under pressure if she did not make decisions in line with C's expectations;
(iv) The local authority is in a better position to put C's needs first when making decisions, where C's mother might find herself in a much more difficult situation due to the nature of her relationship with C, and her need to balance the needs of her partner and other children;
(v) the local authority can be trusted to make good decisions in C's interest. Although C has had an exceptionally difficult time, this is not because of fault on the part of the local authority. C's social workers have built trusting and good working relationships with C and the family. There has been good communication. C formed a very good relationship with his key worker at [placement D]. The local authority has shown that it can listen to C's wishes and be respectful of his views.
Contact
Conclusions
HHJ Joanna Vincent
Family Court, Oxford
Draft sent to parties: 4 November 2022
Approved judgment handed down: 9 November 2022
THE FAMILY COURT SITTING AT OXFORD
CASE NO: OX21C50029
IN THE MATTER OF C AND IN THE MATTER OF THE CHILDREN ACT 1989
B E T W E E N :-
Applicant
Second Respondent
Third Respondent
The Local Authority contends that the Threshold Criteria under Section 31 of the Children Act 1989 is satisfied on the basis that at the relevant date, being 29 April 2020, C was beyond the control of his parents as they could not offer him the specialist care he required, and consequently he was suffering significant harm or was likely to suffer significant harm.
The threshold criteria is met on the following basis:
a. Threats and attempts to take his own life
b. Self-harm through cutting
c. Been argumentative and aggressive towards his mother
d. Been aggressive towards his young siblings
a. "I'm really looking forward to care proceedings for a 3rd time because it didn't nearly break me enough the 2 previous times x"
b. "No I know you don't care, that's pretty obvious.
c. "But I hope that you remember that YOU chose this and I won't keep taking your anger and hatred and blame on me for it."
d. "When you are told by a social worker that you're not allowed to visit or come and see us, not allowed to join us on holidays, not allowed to do whatever……you chose this"
e. "15 months ago you went to try and make things better and because you can't stand having any parental boundaries, because you refuse to engage in any therapeutic help, you're never coming home. You are 13 years old and will have to live with this choice x"
f. "But you don't understand do you. Clearly. Because you still think you'll see your family as and when it suits you and that's not going to happen x."
Oxfordshire County Council
27 October 2022