England and Wales Magistrates' Court (Family)

1.

The Local Authority had applied for a Care Order in respect of L who is 7 months old. The Local Authority invites the Court to grant a Special Guardianship Order to the maternal great aunt, E, in respect of L.

2.

L is the child of Mr and Mrs R.   In 2005 the maternal half-sibling, A who was one year old was made subject to a Care Order and in 2008 A was made subject to a Special Guardianship to her maternal great aunt, E.

3.

The threshold criteria in respect of A were met (Previous proceedings 5-7) and A was seen to be at risk of significant harm by reason of neglect and emotional harm. The mother has learning difficulties and had been unable to provide the consistency of care required to properly parent A and maintain her safety.

4.

The father underwent a pre-birth assessment with the mother the report can be found at pages C3-41 of the court bundle. The recommendation of the report was that the baby be removed from the care of his parents.

5.

On L’s birth the Local Authority applied for an Emergency Protection Order.  There are no facts in dispute for the purposes of today’s hearing.

6.

The applicant Local Authority has filed a threshold document which can be found at pages 8-10 of the court bundle.  No responses to the threshold document have been filed. An agreed Schedule of Findings has been filed. I accept and adopt the agreed threshold document as grounds for this application and I make findings of fact accordingly.  The parents have indicated their acceptance of the threshold criteria by signing the schedule a copy of which is annexed hereto (see paragraph 15).

7.

I have read the report of the Children’s Guardian which can be found at pages C147-152 of the court bundle. The report addresses the Welfare Checklist and I adopt his considerations in relation to the Welfare Checklist.

8.

The mother has given evidence before me today.  She has told me that she and her husband want a chance to care for L themselves.  They do not feel they have been given that chance and they would never hurt him.  However, if they cannot do that, they are satisfied with the care provided by E and the mother is pleased that both children are placed together.

9.

The father is content for there to be a Special Guardianship Order and believes that L is well looked after by E.  However, he would like contact to continue at once per fortnight and would like each session to last for two hours instead of the one hour which it currently is.

10.

I have considered the mother’s wish to care for L herself.  I accept that she would not deliberately harm him, but from the information before me I believe that it is likely that he would be inadvertently harmed by neglect and emotional harm if placed in the care of his parents.  Having regard to his welfare as my paramount consideration I do not believe that either parent can offer appropriate care to L either now or in the foreseeable future.

11.

The Local Authority has prepared a schedule of contact for the parents with L which will take place where the parents live. The schedule of contact allows for the contact arrangements to mirror the arrangements for contact for the mother (and A’s father, Mr O) with A  as sought by the Children’s Guardian.  A copy of the schedule is annexed hereto.  Both parents have indicated that they would like to maintain fortnightly contact with L but I do not feel this would be in his best interests or appropriate given that there are no plans for rehabilitation with his parents.  This view is also supported by the Children’s Guardian.

12.

I have considered and have had due regard to the Human Rights Act. With regard to Article 8 and the right to respect for private family life, I am satisfied that the evidence in this matter, as contained in the bundle of documents, is sufficient to find that the Special Guardianship Order is necessary and proportionate to safeguard L’s welfare.

13.

I start from the point that I should not intervene in the life of children and families unless it is necessary to do so. This approach applies not only as to whether an Order is necessary but also the choice of Order. I consider that the Special Guardianship Order to E, the maternal great aunt, is both necessary and proportionate. L has been residing with E and his half sister A since December 2009. I appreciate that E could not attend Court today because of her child care responsibilities and place of residence some distance away. I am persuaded that E is fully aware of the nature of a Special Guardianship Order insofar as she has been the Special Guardian in respect of A since 31 October 2008 and seeks to care for L as a Special Guardian.

14.

I therefore make a Special Guardianship Order for L in favour of E.  I am also satisfied that the proposed contact arrangements between L and his parents are reasonable in all the circumstances and that E is able to manage contact.  I therefore see no need to make any order as to contact.

15.

Annexed Schedule of Findings Sought

X Council submits that the threshold criteria as set out in Section 31(2) of the Children Act 1989 are met in respect of L.  L is at risk of suffering significant harm by reason of neglect and emotional harm.  The parents accept that, due to the learning difficulties of the mother,  and the historic difficulties that the father has displayed with regard to the use of alcohol, along with his acceptance that he is not abstinent which gives rise to concern for the professionals as to his future use of alcohol and due to the ongoing difficulties that both parents experience; they are unable to provide the level of care required to meet L’s needs and to keep him safe.  This is further evidenced by the reports at (C90-116) and  (C60-78).

16.

Heard before a District Judge Magistrates Courts on March 2010.