The background: the children’s lived experience
12.The local authority was first involved with the mother and F2 in August 2016 when W was just over a year old. Throughout 2016 and 2017 there was a high level of involvement by the local authority and involvement of the police arising from incidents of domestic violence between the mother and F2. W became subject to a child in need plan on 8 November 2017, as did X following his birth in January 2018. The plan remained in place until February 2018. W returned to be the subject of child in need planning on 18 March 2018 until 1 October 2018. In October 2018 just one week following the closure of W’ child in need plan the police again became involved as a result of a domestic violence incident which involved drugs. Allegations were made by the mother against F1 in February 2019 and the mother reported to the maternity unit that F1 had kicked her in the back and caused bruising to her arm and elbow when she was seven months pregnant with Y.13.The local authority reports that throughout the child in need planning there was limited parental engagement. The lifestyle of the mother, and now F1, continued in such a way throughout 2019 and 2020 that the children were continuously subject to domestic violence and continued to be exposed to drug and alcohol abuse by their parents.14.There are reports of the parents taking steps to improve their position. For example, in December 2020 the mother and F1 reported that they self-referred to CGL in an effort to address drug use. Despite the efforts of the parents the domestic violence and drug use continued. Outside agencies expressed concern. On 11 December 2020 the social worker received information from the nursery reporting concerns that the mother had been seen on a field opposite the nursery and appeared to grab Y in an aggressive manner whereupon she ran from her mother. The nursery staff raised concerns of the mother who was observed to shake hands with a male and appeared to pass the male a small package suggesting that the mother was then involved in either dealing or receiving drugs.15.It is fair to summarise the concerns of the local authority as being the parents and children’s home conditions, the parents’ use of drug and alcohol, the parents’ involvement in criminal behaviour and health issues of the children as a result of neglectful care they received from their parents.16.The above summary serves only to paint a picture of what life was like for the children whilst in the care of the mother and F1 and earlier for W alone when he was in the care of the mother and F2. I do not consider it necessary to detail the children’s shared life experience in the care of their parents further as I am pleased to report that the parties have agreed threshold is met for the making of care orders in respect of all four children the threshold being set out in an agreed document annexed to this judgment.
- 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
