E and H (Care Orders), Re
[2024] EWFC 49 (B)
O and Y (Parents with Learning Disability: Intermediaries), Re
26 January 2024
[2024] EWFC 7 (B)
Family Court
Two sisters were taken into care because their parents couldn't care for them properly due to learning disabilities and domestic problems. The judge decided foster care was best for the children's safety, even though their parents agreed and wanted what was best for them. The sisters will have visits with their parents and will also see each other.
Key Facts
- •Two girls (9 and 7 years old) with a learning disabled mother and father are subject to care proceedings.
- •The youngest child has autism and epilepsy.
- •The parents have a long history of involvement with the Local Authority due to domestic abuse, lack of supervision, and inadequate boundaries.
- •The Local Authority and Children's Guardian recommended foster care for both children in separate homes.
- •The parents agreed to the plan, prioritizing their children's needs.
- •Intermediaries were essential for the parents' participation in court due to their learning disabilities.
- •Care Orders were made for both children with a plan for regular contact with parents and siblings.
Legal Principles
Threshold Criteria for Care Orders (Children Act 1989, s.31)
Children Act 1989
Welfare of the child as paramount consideration (Children Act 1989, s.1)
Children Act 1989
No Order principle (Children Act 1989)
Children Act 1989
Severing family ties only in exceptional circumstances (Article 8, ECHR)
Article 8, European Convention on Human Rights
Support for parents with learning disabilities (Re D (A Child) (No 3) [2016] EWFC 1)
Re D (A Child) (No 3) [2016] EWFC 1
Definition and impact of domestic abuse (Practice Direction 12J, JH v MH [2020] EWHC 86)
Practice Direction 12J, JH v MH [2020] EWHC 86
Standard of proof in care proceedings (Re B [2008] UKHL 35)
Re B [2008] UKHL 35
'Good enough' parenting (Re L (Care: Threshold Criteria) [2007] 1 FLR 2050)
Re L (Care: Threshold Criteria) [2007] 1 FLR 2050
Outcomes
Care Orders made for both children.
The children suffered significant harm due to parental inadequacy, and continued harm was likely without intervention. Foster care was deemed the best option to meet their individual needs and ensure safety and well-being.
Children to live in separate foster homes.
This approach best addresses the individual needs of each child and the difficulties in their sibling relationship.
Regular contact between children and parents, and between siblings.
To maintain family ties while ensuring children's safety and well-being. Contact to be reviewed every three months.