England and Wales Magistrates' Court (Family)

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 Court is concerned with one child “A” aged approximately 9 years old. The parents are not married and the father has not played a part in the proceedings. The Mother is currently serving a custodial sentence.

2. The Local Authority have applied for a Care Order. Care plans have been filed which deal with the Local Authorities proposals for contact when Mother is released from Prison.

3. These proceedings commenced in October 2009. Interim Care Orders have been made by agreement and have been renewed by Consent on appropriate dates through to this Final Hearing.

4. “A” is currently placed with Foster Careers which is the long term plan of the Local Authority.

5. As Mother is in custody, a production order was issued for today’s hearing; however the Mother declined to attend the hearing. She has however filed a statement at Court from July 2010 and her solicitor has met with her to take full instructions. The solicitor’s instructions from July 2010 are that Mother consents to a Care Order being made.

On that basis the Bench decided in the interests of the Child concerned, to proceed with the case in the absence of the Mother.

6. The Threshold Criteria the Local Authority wishes to establish is set out in the Threshold Criteria document dated 10^th June 2010. The Local Authority contends the Threshold Criteria under Section 31 CHILDREN ACT 1989 are satisfied in that on the relevant date, 11 July 2008 the child was at risk of suffering significant physical harm and had suffered significant emotional harm which was attributable to the care likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give to a child.

7. The Threshold Criteria had been agreed by all parties. It was agreed that Mother is a long term abuser of alcohol and has led a violent criminal lifestyle for which she has served four Prison sentences over the past four years.

8. Mother accepts that she cannot be available to cater for the needs of Child “A” as she is currently in custody.

9. The Bench considered all the evidence before it in statements format. It was agreed that Child “A” had suffered emotional harm and would be likely to suffer future significant harm if returned to the care of Mother. It was agreed that the Child would be at risk if Contact were to take place away from the Family Centre.

10. Having agreed that the Threshold Criteria had been met the Court considered the Welfare of Child “A” to be their paramount consideration in determining what order, if any, to make. To assist, the Court considered the factors of the Welfare Checklist within the Children Act and the agreement reached between the parties.

11. Having considered the ascertainable wishes and feeling of the Child it was agreed that Child “A” wished to see Mother when her Mother is well, but not to see her when she is “not well”.

12. It was agreed that Child “A” ‘s physical, emotional and educational needs are currently being met in the Foster placement and that Child “A” would be likely to suffer further significant harm if this changes and is returned to Mother. It is agreed that emotional harm has been suffered as a result of Mother drinking and other lifestyle choices.

13. The Court considered making no Order but feel that a Full Care Order should be made to protect Child “A”. The Court finds that a Care Order would be necessary to do this and afford the Local Authority parental responsibility to carry out their agreed care plan.

The Bench approves the contents of the care plan of the Local Authority and the contents and recommendations of the Children’s Guardians Report.

14. The order of the Court is a Full Care Order in favour of the Local Authority.