Re B (A Child) (Care Proceedings Threshold Criteria) [2013] UKSC 33
, that the aim should be to reunite the family when circumstances permit that. I bear firmly in mind there is a need a need to scrutinise the local authority very carefully and their plan to see whether the other options open to the court better meet the needs of the child.79.I also bear in mind that in F (a child) (placement order: proportionality) [2018] EWCA Civ 2761, Lord Justice Jackson said: “ In these circumstances, close attention needed to be paid to the nature and extent of the risks. As foreshadowed at the start of this judgment, there must be (to borrow a phrase from a different context) an intense focus on the type of risk that is involved, how likely it is to happen, and what the likely consequences might then be. Only by carrying out this exercise is it possible to know what weight to give to the risks before setting them alongside other relevant factors. So, for example, the risk of further physical harm to a child who has been severely injured by a denying parent is likely to be a factor of predominant weight. By contrast, to borrow from the evidence in this case, where a mother who untruthfully denies drinking goes to a park at night to drink alone, leaving her baby with its grandmother, the court will view that risk with a sense of proportion. 80.In considering the application before me, I must have regard to the Article 6 and Article 8 rights of all those concerned under the European Convention of Human Rights. I must be satisfied that any interference with the Article 8 rights of the parties is in accordance with the law, necessary in a democratic society and proportionate. In the event that the Article 8 rights of the parent conflict with the Article 8 rights of the child, then it is the child’s rights that must be given priority. I bear firmly in mind that a care order represents a drastic curtailment of the rights of the mother and her wishes under Article 8 of the European Convention on Human Rights and Fundamental Freedoms, which can only be justified by pressing concern for the children’s welfare. 81.In considering the application for a care order, the welfare of the children is my paramount consideration. I have given particular attention to the matters contained in the welfare checklist at
- 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:
