England and Wales Magistrates' Court (Family)

Neutral Citation Number: [2010] EWMC 65 (FPC)

 

 

In the Magistrates’ Court

Family Proceedings Court

 

 

 

Before:

A Lay Bench

 

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Between:

 

	A Local Authority	Applicant
	And
	A Mother	1st Respondent
	And
	A Father	2nd Respondent
	And
	Child “A” by their Guardian	3rd Respondent

 

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Hearing dates: 23 August 2010

 

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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.

 

Issues not In Dispute

“A” is the child of Mother and has been placed in the care of Mother since July 2010.

 

Issues in dispute

There were no issues in dispute

 

Finding of the Court

That “A” was suffering or is likely to suffer significant harm and the harm or likelihood of harm was / is attributable to the care given to “A” or likely to be given to the child were the Order no made

 

In reaching this conclusion the Court accepts the unchallenged Threshold document, file in the case on 9^th July 2010.

 

In determining whether the Threshold Criteria under Section 31 has been satisfied, we have examined and considered the documentary and oral evidence presented.

We find as a matter of fact the following:

“A” has suffered or is likely to suffer significant harm and the harm or likelihood of harm was / is attributable to the care given / likely to be given to the Child were the Order not made.

 

We therefore find that the threshold criteria has been satisfied.

PARAMOUNT CONSIDERATION

 

In deciding what orders to make, if any, we have considered the welfare of the Child to be our paramount consideration.

 

WELFARE CHECKLIST

 

We have considered the factors in the welfare checklist and make the following finding of fact:

 

a)    Having regard to the ascertainable wishes and feeling of the Child concerned, considered on the light of their age and understanding we find

 

Due to “A” age and understanding “A” is unable to provide an informed view as to “A’s” wishes and feelings. “A’s” mother and has clearly enjoyed contact with Mother throughout the proceedings.

“A” is now fully rehabilitated and settled in Mothers care.

 

b)    Regarding their physical, emotional and educational needs we find

 

“A” requires an environment which will promote his / her physical, emotional and educational needs. When “A” previously resided with Mother “A” experienced poor living conditions.

Mother has resided in her current accommodation since October 2009 and there have been no concerns raised regarding the home conditions or breaches of Tenancy as experienced in her previous accommodation.

Mother has made significant progress and appears able to meet “A’s” physical, emotional and educational needs.

 

c)     The likely effect of any change in their circumstances

 

“A” has been placed in Mother’s care since July 2010. it is the Local Authorities care plan that “A” remain in the care of Mother.

“A” will be placed in the care of Mother under a Placement with Parents Agreement. The Local Authority will share parental responsibility for “A”.

 

d)    Their age, sex, background and any characteristics which the Court consider relevant.

 

”A’s” needs are the same as any other child of the same age and sex.

 

e)    Any harm that they have suffered or is at risk of suffering

 

When “A” was previously in the care of Mother (prior to proceedings being issued) “A” experienced the effects of negative parenting which placed “A” at risk of emotional and physical harm.

 

f)      How capable each of their parents and any other person to whom the Court considers the question to be relevant, is of meeting their needs.

 

During ther course of these proceedings a psychological assessment was undertaken that recommended Mother undertake therapeutic sessions with a Psychotherapist.

The Psychotherapist provided 3 reports outlining his / her observations and work undertake. The reports showed continued progress in Mothers ability to discuss issues. Recognise her difficulties and her ability to seek appropriate assistance from friend, family and professionals.

Mother will be supported in her care of “A” by the Local Authority who will share parental responsibility under the Care order.

“A” has limited contact with her Father.

 

g)    We have considered the range of powers available to the Court under this Act in the proceedings in question.

 

We have considered the range of powers available to the Court and consider the making of a Care Order to be proportionate and in the Child’s best interests.

 

DECISION OF THE COURT

 

(All application should be considered in light of a persons Human Rights and especially those contained in Article 8 of the Convention)

 

In reaching s decision we have considered the parties rights contained within the European Convention on Human Rights

 

Consideration has been given to the parties rights contained within the ECHR, giving particular attention to those contained in Article 8 of the Convention, and consider that the making of a Care Order is proportionate and in the Child’s best interests.

 

We have considered the principle of making No Order,

 

We have considered the principle of making No Order, and consider the making of a Care order to be proportionate and in the child best interests.