H and Y’s Health needs.
32.My previous judgment has made it clear that the mother has not been able to manage Y’s health needs, and indeed has caused her significant harm. The mother accepts by her stance about caring for Y that she is not able to meet Y’s overall health needs, although if challenged about many of them as set out above she would struggle to accept individual matters.33.H has far fewer health needs. She does however have a diagnosis of coeliac disease. It is most concerning that there have recently been a number of missed appointments in relation to that, when it is very important she is seen by a dietician. The mother was asked about this in her evidence, as there had been two missed appointments, and a 3rd appointment booked for 14 February 2023. Although we had started to hear evidence on 13 February, it had been known for many months that the Court was not sitting on 14 February. When the mother was asked about this in cross examination she said she had cancelled that appointment because of the court hearing. She was challenged that it had been known ever since this hearing was booked that the Court was not sitting on that date. She then changed her evidence to suggest that she had a different appointment and was attending at the dentist on an emergency basis. 34.The reality is that this type of evidence very clearly mirrored much of her evidence given previously at the finding of fact hearing. Mother’s evidence would often change when she was challenged, and she had no real explanation as to why she had not been able to prioritise matters such as that appointment for H. This is simply a continuation of the pattern of her parenting.
- 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:
