England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

A Mother

1^st Respondent

A Father

2^nd Respondent

Mr and Mrs MG – Grandparents

A Child by their Children’s Guardian

3^rd Respondent

4^th Respondent

These Facts and Reasons have been agreed by all parties save for the second and third respondents, who do not oppose nor consent to them, such Facts and Reasons being adopted by the Court and the Court is satisfied the proposed orders are appropriate in the circumstances of the case.

1.

This matter is an application by X Local Authority for a care order in relation to a child L who is fourteen months old and was removed from her mother twelve hours after birth.  The Local Authority also applies for L to be placed for Adoption and have therefore applied for a placement order which the mother will now consent to.

2.

The history and summary of events and background are detailed at page two of the Local Authority case opening.

3.

The threshold criteria for the making of an order is agreed by the parties and attached to this order.  A composite agreed document will be filed by the Local Authority.

4.

It is understood that there were early indications that the parents were not going to oppose either of the applications by the Local Authority and were either not opposing or supporting the case of the grandparents.  This was ostensibly competing applications between the Local Authority and although one was not formally issued a residence order for L in the grandparents favour.

5.

There are a number of assessments in the case which I have read.  These are:-

1. Initial pre-birth assessment C1-C8.
2. Psychiatric assessment of the father C27-C69.
3. Practical parenting assessment C73-C85.
4. Risk assessment C86-C100.
5. Two assessments of the grandparents, C101-C121 and C122.

6.

I have also read and I am assisted by the Children’s Guardian’s report and detailed case recordings in relation to the grandparents own children.

7.

I am aware the grandparents have been upset and do not agree some of the detail and information in the case recordings and that the conclusions to the social work reports on them are not agreed.  The grandparents have belatedly decided not to pursue their application after consideration of the most recent documentation.

8.

I have considered the matter and the court bundle.  I accept that the threshold is passed.

9.

In considering the orders required I have read the Children’s Guardian’s report.  I note and accept the quality of care given to L by the grandparents reported in this document.  I adopt and associate myself with how the Guardian has addressed the welfare checklist.  I understand that the mother has now consented to the placement order for the sake of the expedited progress of the matter now required for L. 

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I make the orders requested by the Local Authority for a care order and placement order.  I approve the Local Authority’s care plan subject to amendments to reflect the discussions regarding contact which have taken place at court and which are to be reflected in an addendum to the care plan which the Local Authority will file by 4 pm on the 3.12.09.

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Schedule OF FINDINGS sought by THE council  

At the time protective measures were initiated by the Local Authority, L was suffering significant harm or in the alternative was at risk of suffering significant harm attributable to the care given to her by the first and second respondent and that harm was attributable to the care given to her not being what it would reasonably be expected to be given by a parent (s31 Children Act 1989) The harm consists of the neglect of L’s physical, emotional and developmental needs .L is likely to suffer significant harm due to the following.

1)   The chaotic and transient lifestyle of both parents

During mother’s pregnancy it was identified that the mother and father had previously been sleeping in cemeteries due to housing problems with no particular consideration for the potential harm that could be caused to her unborn child (C2, C5,) frequent moves also highlighted by the Health Visitor (C10)

2)     The volatile relationship between the parents C12 including verbal and physical violence

3)    Both parents have at times poor personal hygiene and their poor living conditions.

(C5) Parents residing in poor condition staying in a room within a house, the house having several windows boarded up, room they were living in at the time of the visit being untidy and unkempt, C6) Health Visitors report (C11 08.07, 25.07 and 07.08) (C12) on one occasion the smell from the property was such that the health visitor couldn’t enter the property. 

4)    Parents have at times failed to engage with social care

(C6) Failure to keep health visitor informed (C10) (C12) prioritising their own needs above those of their child.

4(1)  That during her pre-birth assessment and liaison with health professionals about her living circumstances the mother missed appointments.

4(2) That during the social work assessment she accepts she missed appointment.

5)    There are concerns about Mr W’s mental health and the effect on his ability to parent a child putting the child at risk of physical and emotional harm. (violence identified in a conviction for assault in 2006 C5 and C6).

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Heard by a District Judge on the 26.11.09.