age, sex, background and any characteristics of theirs which the court considers relevant
;i.As I have set out above, as a result of the childhood she has had, H’s needs have often been secondary to the far higher level of need of her sister Y. ii.She is however still a very young child, and at a critical point as she moves forward into her teenage years. Given what he has witnessed in terms of domestic abuse, and her mother’s behaviour, she is at significant risk both of being very vulnerable herself, and of not having calm and attuned parenting, to enable her to be able to undertake that in due course when she is an adult or experience of healthy secure relationships.(e)
- Introduction:
- Parties and their positions
- History:
- Threshold
- Evidence:
- The mother’s response to the finding of fact judgment.
- The mother’s overall ability to meet the needs of H and Y.
- H and Y’s Health needs.
- Assistance offered to the mother in relation to her parenting.
- The mother’s ability to understand risk, and protect the children.
- Mothers’ mental health and the impact of that on her ability to care for the children.
- Positives of the mother’s care of both children:
- The Legal principles.
- [2008] UKHL 3 [2009] AC 11
- Re BS (Children) [2013] EWCA Civ 1146
- Re B (A Child) (Care Proceedings Threshold Criteria) [2013] UKSC 33
- s1 (3) of the Children Act 1989
- Options available to the court;
- the ascertainable wishes and feelings of the children concerned (considered in the light of their age and understanding);
- their physical, emotional and educational needs
- the likely effect on them of any change in his circumstances
- age, sex, background and any characteristics of theirs which the court considers relevant
- any harm which they have suffered or are at risk of suffering
- How capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
- the range of powers available to the court under this Act in the proceedings in question.
- Conclusion:
