L (Parents with disabilities) (Threshold), Re
[2024] EWFC 24 (B)
R (A Parent with disabilities) 2024, Re
26 January 2024
[2024] EWFC 47 (B)
Family Court
A mom with many health problems couldn't care for her daughter properly, even with lots of help. The court decided the daughter should stay with her foster family, but the mom can see her daughter under supervision.
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.