Case No. EWFC-127
Family Court

Case No. EWFC-127

Fecha: 02-Nov-2022

Positions of the Parties

20.The father conceded, by virtue of his conviction for murder and incarceration in prison, that he was not - absent a successful appeal against conviction - in a position to care for the children. Accordingly care orders were inevitable. He was aware that the children wished to remain in their present placement and made no submissions to the contrary. He recognised that steps might need to be taken and/or orders made to support the children’s current placement and prevent it being undermined or put at risk. He was extremely anxious to work with the local authority so that he could be permitted to have contact and a relationship with his children. The father was also of the view that the children should continue to have a relationship with their wider family. 21.Mr Spollon did not oppose the threshold findings sought by the local authority and the making of final care orders based on a plan for the children to remain in long-term foster care. The father understood that the court would make some protective orders in this case but, nevertheless contended that the local authority’s proposals for letterbox contact every six months should be revised so that such contact took place every three months. With respect to the orders sought pursuant to the inherent jurisdiction, the father was worried about being side-lined and deprived of information about the children’s welfare. He sought updates about that every three months rather than the six months proposed by the local authority. Mr Spollon accepted that, adopting a realistic position, the father was in some difficulty in opposing both the inherent jurisdiction orders and the order pursuant to s.91(14) of the Children Act 1989.22.In his address to me, the father told me that he loved and cared for his children and that they were his first priority. He was ready to do whatever was needed as long as that was in their best interests. I asked him what he understood of the children’s feelings given his conviction for the murder of their mother about which they were aware. The father told me “they lost me and I lost them” but also added that P had not been given the right information. He stressed that the children loved him but lost him as a father because of what had happened. He became upset towards the end of what he was saying to me but stated that the children’s mother was dead and that he knew nothing about that.23.On behalf of GH, Mr Cooper supported the local authority’s plan for P. This envisaged that, in accordance with P’s strongly expressed wishes, GH would have direct contact with him in the very near future and would be involved with and consulted by the local authority with respect to P’s care. 24.On behalf of the children, Miss Lakin supported the orders sought by the local authority. With the agreement of the other parties, she proposed that the children’s files contained a memorandum setting out the orders made in this case together with the recitals about how the father’s contact was to be organised. This would ensure that, thereby fully informed, the Independent Reviewing Officer would be able to review these matters at the child in care reviews which take place every six months.