The Local Authority v M & Ors
[2024] EWFC 70 (B)
Re D F G and H (care proceedings)
1 February 2024
[2024] EWFC 30 (B)
Family Court
Four kids were taken from their parents because the parents weren't looking after them properly. Even though the mom tried to improve, the judge decided it wasn't safe for the kids to go back home yet. They'll stay with foster carers and see their parents once a month.
Key Facts
- •Four siblings (D, F, G, H) were removed from parental care due to significant neglect and exposure to domestic abuse.
- •Allegations of sexual abuse were initially made but later withdrawn.
- •Significant neglect included unhealthy diet leading to severe dental problems, lack of educational support, insufficient stimulation, and leaving the oldest child (D) to care for younger siblings.
- •The mother showed limited insight into the harm caused by her parenting despite attending parenting assessments.
- •The father was largely uninvolved in childcare and showed little understanding of the children's needs.
- •The case involved significant delays due to various factors, including a social worker's long-term sick leave and difficulties with document translation and service.
Legal Principles
Threshold Criteria for Public Law Orders
Children Act 1989, section 31
Welfare Checklist
Children Act 1989, section 1(3)
Article 8 ECHR Rights
European Convention on Human Rights, Article 8
Outcomes
Care orders were made for all four children.
The court found that the children's safety and welfare could not be ensured if they returned to their mother's care due to her limited insight and ongoing concerns about her parenting capacity. The father did not put himself forward as a carer.
Children to remain in long-term foster care.
This was deemed the most appropriate arrangement to ensure the children's safety, well-being, and continued development while maintaining contact with their parents.
Monthly contact with parents.
To balance the children's need for contact with their parents with the need for stability in their foster care placements. More frequent sibling contact encouraged.