Parties and their positions
:2.The mother of both girls is M. H and Y’s fathers have played no role in these lengthy proceedings, although they have notice in relation to them and had every opportunity to do. 3.The application before the court is for care orders in respect of H and Y. 4.The mother opposes the application for a care order in respect of H. She seeks to continue caring for her. In relation to Y she accepts that although she would very much want her to be returned to live with her, given her lack of acceptance of the court’s findings in relation to Y’s care, and M’s own difficulties, that is not an application she is able to pursue.5.The guardian supports the applications made by the local authority.
- 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: