their physical, emotional and educational needs
;i.It is accepted that Y has very particular needs. The mother is not able to meet her needs and keep her safe. ii.H has an extremely worrying presentation, which has continued to deteriorate even since Y has not been in her mother’s care. Her behaviour is significantly worse whilst in the care of her mother, than when she is at school. iii.The reality is that all of the evidence demonstrates that H’s challenging behaviour is a result of learned behaviour, and the result of her exposure to damaging experiences in her mother’s care, and emotional harm.iv.H has a particular desire for adult attention, and it is clear and extremely worrying that at her age she is vulnerable to risky adults.(c)
- 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: