West Sussex County Council v K
[2022] EWFC 170
Y (A Child) & Anor, Re
27 February 2023
[2023] EWFC 63 (B)
Family Court
A mom's not able to properly care for her 10-year-old daughter, H, so a judge decided H should live with a foster family. This was done even though the mom loves H and tried to improve, because experts found that she wasn't able to provide safe, consistent care.
Key Facts
- •Care order application for two children, H (10) and Y (9).
- •Mother (M) opposes care order for H, accepts it for Y.
- •Extensive history, including previous judgment (15 August 2022).
- •Numerous assessments conducted, including psychological report and parenting assessment.
- •Threshold criteria met for both children.
- •Mother consistently disagrees with court findings and would not change her behaviour.
- •Concerns regarding mother's ability to manage Y's complex health needs and H's emotional needs.
- •Mother's parenting inconsistent, despite numerous parenting courses.
- •Concerns about mother's relationship with her partner, D, and its impact on children.
- •Mother struggles with mental health issues, including PTSD, depression, and anxiety.
- •H displays concerning behaviours, potentially stemming from adverse childhood experiences.
- •H expresses both love for her mother and relief at the prospect of foster care.
Legal Principles
Standard of proof in care proceedings is the balance of probabilities.
Re B (Care Proceedings: Standard of Proof) [2008] UKHL 3 [2009] AC 11
Court must consider the totality of the evidence.
Re U (Serious Injury: Standard of Proof); Re B [2004] 2 FLR 263
Child's welfare is paramount.
Re BS (Children) [2013] EWCA Civ 1146
Least interventionist approach should be taken.
Re B (A Child) (Care Proceedings Threshold Criteria) [2013] UKSC 33
Proportionality must be considered when interfering with Article 8 rights.
F (a child) (placement order: proportionality) [2018] EWCA Civ 2761
A lie told by a witness can strengthen evidence against them only if it's deliberate, material, and lacks an innocent explanation.
R v Lucas [1981] QB 720
Expert advises, but Judge decides.
Re B (Care: Expert Witnesses) [1996] 1 FLR 667
Outcomes
Care order granted for H.
Overwhelming evidence indicates mother unable to meet H's needs; no protective options available. H's welfare requires a change, and foster care is deemed necessary and proportionate.