the likely effect on them of any change in his circumstances
;i.In my view, despite what H has told the guardian, it is likely that H will be confused and upset and unsettled if she is placed into foster care. She is in many ways close to her mother. ii.However it is also apparent that H has a desperate need for some calm and secure parenting. iii.I am quite satisfied that living with the mother as H currently does is confusing and distressing for her. Whilst a removal to foster care will cause significant upset for her, she is in desperate need of calm, attuned and therapeutic parenting. Given the description of her distress on a frequent basis at the moment whilst living with her mother, I am entirely satisfied that such a change will over time, result in her being far happier, and she will be able to develop and grow appropriately with her mental and physical needs met.(d)Their
- 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: