Re D F G and H (care proceedings)
[2024] EWFC 30 (B)
The London Borough of Lewisham v NP & Ors
20 September 2024
[2024] EWFC 256 (B)
Family Court
A mother's parenting caused significant harm to her two young children. Social services stepped in, and the court decided the children needed to live with foster carers long-term for their safety. The mother will have contact with them a few times a year, and there is hope that this might increase as she gets better.
Key Facts
- •Two children, S1 (6) and S2 (5), were made subject to care proceedings due to concerns about their mother's parenting.
- •Allegations included verbal abuse, physical assault, neglect, exposure to domestic violence and sexual activity, and drug misuse by the mother.
- •The mother admitted to some allegations but minimized others; some allegations could not be proven.
- •The children displayed significant emotional and behavioural problems.
- •Assessments indicated that the mother was unlikely to be able to meet the children's needs in the foreseeable future.
- •The children were placed in long-term foster care.
Legal Principles
The welfare of the child is the paramount consideration.
Children Act 1989, section 1(3)
Threshold criteria under s 31(2) of the Children Act 1989 must be met before care orders can be made.
Children Act 1989, section 31(2)
A holistic assessment of all realistic options must be undertaken.
Re B-S (Children) [2013] EWCA Civ 1146
Orders must be necessary and proportionate, complying with Articles 6 and 8 of the ECHR.
ECHR, Articles 6 and 8
Society must tolerate diverse parenting standards, including those that are eccentric, barely adequate, or inconsistent.
Re L (Care: Threshold criteria) [2007] 1 FLR 2050
Natural parents are generally the best to raise children unless the child's health is at risk.
Re KD (A Minor Ward) (Termination of Access) [1988] 1 AC 806
Outcomes
Care orders were granted for both children.
The mother's actions and mental health issues posed a significant risk of harm to the children's welfare. Long-term foster care was deemed the only viable option to ensure their safety and well-being.
Contact between the mother and children was set at six times per year.
This was deemed a starting point, allowing for gradual increase based on the mother's progress in therapy and emotional regulation. The mother's high rate of missed contacts was a factor.