Key Facts
- •Mother (R) has multiple long-term health conditions (ME/CFS, fibromyalgia, EDS, endometriosis, IBS, dyslexia, suspected ADHD and ASD) impacting her ability to care for her daughter (A).
- •A (born 2018) is in foster care (FC) under an interim Care Order.
- •A made allegations of inappropriate touching by her mother.
- •Police investigation concluded with no further action.
- •Significant delays (98 weeks) in proceedings.
- •Conflicting assessments regarding mother's capacity to care for A.
- •Mother denies threshold is met and seeks return of A.
- •Local Authority seeks a Care Order for A to remain in FC's care with supervised contact.
Legal Principles
Threshold criteria for making care orders under Section 31(2) Children Act 1989.
Children Act 1989
Child's welfare paramount; proportionate response to harm; consideration of practical assistance and support (Re B (A Child) [2013] UKSC 33).
Re B (A Child) [2013] UKSC 33
Analysis of advantages and disadvantages of each option (Re B-S (Children) [2013] EWCA Civ 1146).
Re B-S (Children) [2013] EWCA Civ 1146
Need to link facts to demonstrate harm (Re A (A Child) [2015] EWFC 11).
Re A (A Child) [2015] EWFC 11
Risk of harm must be proven fact, not mere possibility (Re H (Parents With Learning Difficulties: Risk of Harm) [2023] EWCA Civ 59).
Re H (Parents with Learning Difficulties: Risk of Harm) [2023] EWCA Civ 59
Article 6 and 8 rights of parent and child.
ECHR
Outcomes
Care Order made for A to remain in foster care with FC.
Mother's inability to consistently provide the level of care A requires due to her complex health and cognitive needs, despite available support. Risk of significant harm from unintentional neglect.
Supervised contact between A and mother.
Gradual reintroduction of contact to protect A's emotional wellbeing and ensure safety, considering the seven-month separation and A's allegations.
Section 34(4) Order discharged.
Police investigation concluded with no further action regarding A's allegations.