B and G (Children), Re
[2023] EWFC 225 (B)
Stockton On Tees Borough Council v T & Ors
12 July 2024
[2024] EWFC 248 (B)
Family Court
A court case about two children whose mum has mental health problems. Social services wanted the younger child adopted, but the judge said no. The judge decided the younger child should go home with its mum, but the mum needs help and support, and contact with the older child will be reduced and remain supervised.
Key Facts
- •Stockton-on-Tees Borough Council brought public law proceedings concerning two children, C (8) and D (3).
- •The mother, T, has a history of mental health difficulties, including self-harm and substance abuse.
- •D's father is deceased.
- •The maternal grandmother, L, was initially involved in the children's care but concerns arose about her ability to protect them.
- •The Local Authority initially proposed adoption for D, but the judge ultimately ruled against this plan.
- •C currently resides with her father, B.
Legal Principles
The paramount consideration is each child's welfare.
Children Act 1989, s.1(2)
Least interventionist approach; orders must be necessary and proportionate, respecting Article 6 and Article 8 rights.
Children Act 1989; ECHR Articles 6 & 8
Welfare checklist (s.1(3) Children Act 1989) applies to C; s.1(4) Adoption and Children Act 2002 applies to D.
Children Act 1989, s.1(3); Adoption and Children Act 2002, s.1(4)
Assessment of harm involves considering type, likelihood, consequences, and risk mitigation (Re F, Re H-W).
Re F [2018] EWCA Civ. 2761; Re H-W [2022] UKSC 17
Threshold criteria (s.31 Children Act 1989) must be met before making public law orders.
Children Act 1989, s.31
Welfare analysis of realistic options; principles in Re B [2013] UKSC 33 and Re B-S [2013] EWCA Civ 1146 apply.
Re B [2013] UKSC 33; Re B-S [2013] EWCA Civ 1146
Strict test for severing parent-child relationship; only in exceptional circumstances (Re B).
Re B [2013] UKSC 33
Society must tolerate diverse parenting standards (Re L).
Re L [2007] 1 FLR 2050
Proper Re B-S analysis required: evidence addressing all realistic options with analysis of pros and cons.
Re B-S [2013] EWCA Civ 1146
Outcomes
Child C to remain with father B under a Child Arrangements Order. Mother's contact reduced to weekly supervised contact.
This plan meets C's welfare needs and addresses concerns about the mother's ability to manage contact effectively.
Child D to be returned to mother's care.
Adoption was deemed not necessary or proportionate. The judge found that with appropriate support, the risks associated with D's placement with his mother could be mitigated. The judge expressed concerns about the lack of thorough analysis by the Local Authority in weighing alternative options.
The case adjourned to allow the Local Authority to prepare a support plan for the mother, including safety planning, crisis management, and parenting work.
The support plan is necessary to facilitate the successful rehabilitation of D back into the mother's care.