the ascertainable wishes and feelings of the children concerned (considered in the light of their age and understanding);
i.Y is unable to articulate her views. There can be no doubt however that she would wish all her needs to be met, particularly her medical needs so that she is safe, and can make as much progress in her life as possible. She appears to have settled very well in her new foster placement, and it is to the mother’s credit that she has been able to accept that Y appears to be happy and thriving. ii.H is a very confused little girl. This is amply illustrated in what she tells the guardian about how she loves her mother, and wants to stay with her, and yet appears to be genuinely excited and relieved by the prospect of going to live in foster care. H of course has a relatively clear idea of what foster care would look like, having seen her sister in two different placements.iii.I have set out above some of what H told the guardian. (b)
- 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: