Positives of the mother’s care of both children:
63.Whilst often simply repeated by rote in these type of judgments, it is important to set out that I am quite clear that the mother genuinely loves both of these children very much. When analysing her care of them over many years, it is very important to be aware of how difficult it will have been caring for Y, and the pressures and strains, whilst also trying to care for H.64.It is quite apparent the mother has tried her best. She has tried to understand all of the medical terms, but it appears to be part of her functioning that she is simply unable to truly grasp the issues, and unable to flex and adapt in the way necessary when caring for someone whose needs are as complex as Y’s. Her difficulties also mean she cannot parent H to the necessary standard. 65.I accept that there were some aspects of findings sought within the finding of fact hearing, where the mother was able to reflect and accept some of the difficulties.66.In general, she is able to keep her home at an acceptable standard. While she does struggle with food and nutrition, the children were fed. 67.The mother has always been willing to do courses, and she will always meet with professionals, even if she does not agree with them.68.It is an interesting aspect of this case that when her parenting is assessed by way of parenting domains, she is able to set out acceptable answers in relation to many of those aspects, although sadly she struggles to then put those into effect.
- 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:
