The mother’s response to the finding of fact judgment.
15.Unsurprisingly, the mother sets out that she found the judgment in relation to the finding of fact hearing overwhelming. Inevitably, it was a lengthy and detailed judgment given the breadth and depth of the matters that were explored in that hearing.16.In addition, many of the findings I made will have been very challenging for the mother to try and accept and understand, and partly that is due to her cognitive abilities. Another part is that mother is, as I set out on a number of occasions, utterly convinced that she is right, she knows the best thing to do for her daughters. The judgment is therefore very challenging for her.17.The psychologist spent some time going through important aspects of the finding of fact judgment, and the mothers responses and sets out that even when challenged she maintains her stance that much of the judgment is incorrect, and that her actions were right and reasonable. Furthermore, the mother when asked about a number of specific findings and whether she would act differently in the future is clear that she would not. 18.The mother makes it clear that if Y were to be returned to her care, she would wish to continue to care for her in very much the same way, including performing a number of the medical procedures upon her that I found were both unnecessary, intrusive, and painful for Y. When the mother gave evidence in this hearing, she confirmed that is the case. In the mother’s statement she sets out her wish to be able to work with medical professionals involved with Y, but nothing appears to have changed. On a number of occasions she directly disagrees with clear findings made after hearing extensive and in reality, utterly overwhelming evidence. In her oral evidence she discussed how she would still want to check Y’s blood sugar levels, and retain a machine to do that. She repeated that she thought that if Y was ‘pushed too far’, in what she did she may regress, and although the mother was reminded that the evidence was clear that did not happen, and there was a specific finding made in relation to that, she carried on in her view. She told the independent social worker that she would continue to use eg the hoists and lifts for Y, and not allow her to climb the stairs, although Y now climbs the stairs herself daily with no problems in her foster placement. 19.Another of the problems is illustrated by way of an example in the independent social work report. The mother carried Y into the contact room when she was being observed, and set her down. At the end of the contact Y got up and walked out of the contact room, clearly to the surprise of the independent social worker. When she challenged the mother as to why she had carried Y, the mother then denied that she had carried Y into the room. In her oral evidence the mother accepted that she had indeed carried Y into the room, but now said that this was because Y was very tired. This neatly illustrates another of the significant difficulties in the mother being able to appropriately meet both children’s needs, as her version of events frequently changes, and does not reflect the reality of the situation. 20.The mother does say that she wants her family back together, and she wants to work with everyone for that to happen. She understandably sets out that she wants both children to be happy, and to thrive in life and to have the best experiences.
- 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:
