England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

Miss R Mother

Mr M Father

T a child through his Children’s Guardian

1^st Respondent

2^ndRespondent

3^rd Respondent

Ms A

for the

  Applicant

Ms H

for the

 1^st  Respondent

Ms H

For the

2^nd Respondent

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We have read the documentary bundle filed by the LA prior to the Court hearing starting this morning. 

We have heard evidence from the Social Worker in the case Mr C who took over this case on 30^th April 2010.  T was born prematurely and spent the first few months of his life in hospital.  Upon discharge from hospital an agreement was reached between all parties about the care that T would receive, given the concerns of the long history of alcohol misuse and domestic violence between the parents.

Initially Social Care thought the plan was working well and that all of T needs were being met and as a result of this Social Care agreed more unsupervised contact should take place between T and his parents. 

However, it subsequently came to light that they had only stayed at the paternal Grandma’s house for 2 nights and had been living independently since then at their home address with T. 

In June the parents began to drink again and on a date in June Miss R contacted Social Care requesting that T be accommodated by them as she needed to detox and could no longer care for T.  In July 2010 at a planned contact visit the parents removed T from Social Care, due to their concerns that his needs were not being met. 

Mr C gave evidence that in his opinion T needs were now not being met and that he is at risk of significant physical and emotional harm due to the escalation in alcohol consumption and ongoing Domestic Violence in the household.  

On the 9^th July the police were called to Miss R address due to a disturbance between Miss R and Mr M.  T was in the property at the time of this disturbance and Miss R had to remove him to the bedroom as she feared for T safety.  Mr M is now on bail with conditions not to contact Mrs R or attend at her address. 

We then heard evidence from Miss R, T mother.  It is very clear from the evidence given that she loves T very much, shares a special bond with him and has to a certain degree met his needs. 

Despite this upon discharge an agreement being reached between Miss R and Social Care, Miss R did not stick to this agreement and returned home after 2 nights with T.  It also became clear that all members of the family were aware that the agreement had been broken, but were working together so that Miss R could continue to care for T.  It is accepted by the Local Authority that most of T needs during this time were being met and that they had no further concerns over T health or well being at this time. 

Miss R has in the past and is currently working with the Addiction Unit (AU).  However, Mr M at this stage is not engaging with the help of the AU.  Miss R herself admitted that currently she was having a “blip” and things had become out of control and that if a residential detox unit place became available that she would wish to attend it. 

Mr M does not oppose nor agree to the application before the Court today, but had attended at Court.  However, he has unfortunately been unable to remain in the Court room as Miss R has brought T to Court today so he has remained outside to care for him.  

Findings of the court regarding statutory/threshold criteria

We are satisfied on the evidence given that there are reasonable grounds for believing that T is suffering or is likely to suffer significant harm and that the harm or likelihood of harm is attributable to the care given to T or likely to be given to him if the order was not made, not being what it would be reasonable to expect a parent to give.

Welfare checklist s.1(3) Children Act 1989

Ascertainable wishes and feelings of the children:

T views are not known at this stage. 

The children’s physical, emotional and educational needs:

T was born prematurely; however, he has no significant needs at this stage

The likely effect on the children of any change in circumstances:

T has previously been in Local Authority Care and it has been reported that he did not react badly to the change in circumstances at that time. 

Children’s age, sex, background and any characteristics that the court considers relevant:

T is almost 6 months old and until now has primarily been cared for by Miss R. 

Any harm the children have suffered or at risk of suffering:

T parents both have alcohol dependencies and drink to excess.   When they are in drink, T is at risk of harm.  Mr M is currently on bail for assaulting Miss R whist T was present in the flat.  Miss R gave evidence to the Court that she feared for her safety and T when Mr M was in drink. 

How capable each of the children’s  parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the children’s needs:

Whilst it is clear to the Court that Miss R can meet most of T needs, she fails to place all of his needs first above her own. 

Other family members are unable to assist with T care as demonstrated by their initial lack of co-operation with the original Social Care plan. 

The range of powers available to the court:

No order

Interim Supervision Order

Interim Care Order

We must have regard to the Human Rights Act. In respect of Article 8 and the right to respect for private and family life, we must be satisfied that the evidence produced at this hearing is sufficient for us to find that the order sought, an ICO is necessary and proportionate to safeguard T welfare.

We are conscious of the fact that we should not intervene in the life of children and families unless it is necessary to do so. The less interventionist approach applies, not only as to whether an order is necessary, but also the choice of the order.

We have considered the application for a non-molestation order or an exclusion order, however, we do not feel it appropriate in this case. 

However, upon considering all of the facts and evidence in this case we are making an interim care order. 

We therefore, make an Interim Care Order in respect of T until 8^th September 2010 at 6pm.

We have heard the proposal for contact from the Local Authority, we accept that there is no need for us to make an order regarding contact and it will be at the discretion of the Local Authority.