Case No. EWFC-156
Family Court

Case No. EWFC-156

Fecha: 24-Jun-2022

Outcome

123I have concluded that I do not have sufficient confidence in the proposal put before the court by the local authority to be satisfied that P’s removal into foster care would be a better outcome for her than for her to remain where she is. I make that decision with my eyes fully open to the risks. I realise that the consequence of my decision may be that P suffers disadvantage and harm. I also recognise that in making this decision I am departing from the recommendation of an experienced Children’s Guardian, who has carried out a significant amount of work in this case and whose final analysis was careful, thorough and balanced. The reason, ultimately, is that I have given a little more weight to the risks surrounding a foster placement, and I am a little less optimistic about P’s relationship with her mother being meaningfully sustained if a care order is in place. For me, and I think also for the Guardian, this was an extremely finely balanced decision.124The local authority will have to remain involved with the mother and P for the long-term. That will require a shift in thinking, both on the part of the local authority and on the part of the mother. I have every confidence that the local authority can and will put in the resources that are required. The mother’s reaction is less predictable but I hope that she will understand how close she came in these proceedings to losing her daughter and that if a future application is to be avoided there is no option for her other than to accept and act on the advice and support of professionals, as she has done for the past nine months.125I turn finally to the question of what order to make. It appears to be accepted by all parties that if the local authority’s care plan is rejected, I should make a twelve month supervision order. I agree that a public law order will be necessary, if only to underline the continued risk that is present in this case. It seems to me that I should give the parties, in particular the local authority, an opportunity to consider whether this may be one of those rare and exceptional cases where a care order at home is appropriate. I am not by any means suggesting that this is inevitable or my preferred outcome but it seems to me that it is one to which I should give some thought before the proceedings conclude.126That is my judgment.__________