L and C (Placement Application – parents not attending hearing) [2015] EWFC B49 (12 May 2015)

Posted on Thursday, June 11th, 2015

Claire RobsonThis was a Judgment given by Her Honour Judge Sarah Wright on 12/05/15 in respect of Care proceedings issued by Barnsley Metropolitan Borough Council in relation to twin girls.  The background to the proceedings was that the mother had five older children who were no longer in her care.  Two of the children now lived with their paternal grandmother and the other three children had been adopted.  The Local Authority issued the current proceedings due to concerns about the welfare of the children and the parents’ ability to meet the children’s needs. The mother had learning difficulties and the father had been assessed as having borderline intellectual abilities.  The parents had both been assessed during the course of the proceedings as not being able to provide good enough parenting.

Her Honour Judge Wright considered the welfare of the children and balanced and pros and cons of each option available including whether the children would be best placed with the parents, with extended family members or placement outside of the family, whether that be long-term foster care or adoption.  Previous cases were also considered including Re B-S [2013] EWCA Civ 1146, Re P (A Child) [2013] EWCA Civ 963 and also the Judgment of the Court of Appeal and the President in Re R (A Child) [2014] EWCA Civ 1625.

After considering all evidence, Her Honour Judge Wright found that the Threshold Criteria had been met, that neither parent could meet the needs of the children and that there were no other family members that could care for the children.  Care and Placement Orders were therefore made and the consent of the parents was dispensed with.

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