Options and Re B-S analysis
75.If one, any or all of the children were to be placed in their parents care they would potentially benefit from receiving daily love and affection from their parents. They would preserve their status within their family and would benefit from guidance from their parents on all issues as they grow up. Unfortunately, the risks of placing the children with their parents is that they would continue to be exposed to the parents’ chaotic lifestyle which would continue to expose them to a significant risk of ongoing emotional harm.76.Whilst there is not a plan for foster care for any of the children save the Guardian recommending long-term foster care W, it is very much the wish that the parents of the children should be returned to them if not now then at some time in the future. The benefit of children being placed in long-term foster care is that it would leave the door open for the parents to make an application to discharge one or more than one care orders in relation to the children. Foster care would also result in the local authority having an obligation to promote contact between the parents and the children and it would enable the children to maintain contact with each other. This would maintain their sibling relationships the importance of which is spelt out above. Foster placement for the children would result in them receiving all the support that local authority will be obligated to provide now and for the foreseeable future. The children in foster care would have contact with their parents and with those siblings who are also in foster care.77.The constraints of foster care are significant and become more manifest as a child grows older. There would be restrictions on freedom, constant reviews and involvement of the local authority, medical checks and the like.78.In this case successful adoption of any of the children would present the child with stability in the short and long-term. The adopted child would become a part of his or her adopted family and would develop lifelong relationships resulting in sustainable care.79.There would, however, be high prices to pay for the advantages which adoption would bring. I have outlined above the net effect of various orders being made and the inevitable effect which it would have on sibling contact.80.In my judgment the risks of the children not having ongoing contact presents a potentially greater welfare risk than would be gained by not addressing contact and thus making a search for adopters easier. It may be the case that pursuant to a s51A welfare assessment a future Court takes the view that adoption without ongoing direct sibling contact does not serve the welfare of the child to be adopted and that this scuppers the adoption. This is a welfare balance that will have to be undertaken at the time.
- The applications before the Court
- The parties’ positions
- The key issue: sibling separation
- ABCDE
- The background: the children’s lived experience
- The Law
- F (A Child : Placement Order: Proportionality
- The Public Law Working Group
- Re B-S
- Re H-W (Children)
- Re D (A Child Placement Order)
- Children and Adoption Act 2002
- The Adoption Agencies Regulations 2005
- Discussion as to the issues surrounding the effect of sibling separation
- Siblings, contact and the law: an overlooked relationship?
- Together or Apart? Assessing Siblings for Permanent Placement (BAAF, 2001, 2008)
- Beyond Together or Apart: Planning For, Assessing and Placing Sibling Groups (Coram BAAF, 2021)
- Beyond Together or Apart: Planning for, assessing and placing sibling groups 2021, a Coram Baaf Good Practice Guide
- Safe Contact: Children in Permanent Placement and Their Birth Relatives
- Section 26 ACA 2002: contact orders during placement
- Adoption and Children Act 2002
- Social media
- The Mother and F1
- The options for the children
- All children placed for and successfully adopted
- Placements being divided between foster placements and adoptive placements
- All children in foster care:
- All children to be returned home:
- The Children: pen portraits
- Siblings together and apart assessments
- The Children’s Guardian: Miss Madelaine Jones
- Strengthening Families: improving stability for adopted children 2021.
- Introducing Social Science Evidence in Family Court Decision-Making and Adjudication: Evidence from England and Wales.
- The possible adoption pathway for the children. Tracey Barton (Adoption Manager)
- Analysis of issues
- Options and Re B-S analysis
- Welfare checklist factors
- Conclusion
