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England and Wales Family Court Decisions (other Judges) |
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You are here: BAILII >> Databases >> England and Wales Family Court Decisions (other Judges) >> K (A Child) Care and Placement Orders), Re [2020] EWFC B73 (10 December 2020) URL: http://www.bailii.org/ew/cases/EWFC/OJ/2020/B73.html Cite as: [2020] EWFC B73 |
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Gloucester House, 4 Dukes Green Avenue Feltham, TW14 0LR |
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B e f o r e :
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THE LONDON BOROUGH OF BRENT |
Applicant |
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- and – |
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The Mother The Father K (by his Children's Guardian, Ms Laura Deane) |
Respondents |
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Mr Russell Steadman (instructed by Alexander & Partners) for the First Respondent
Ms Elizabeth Van de Weit (Solicitor-Advocate of Hameed & Co) for the Second Respondent
Ms Beverley King (Solicitor-Advocate of Philcox Gray) for the Third Respondent
Hearing dates: 8-10 December 2020
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Crown Copyright ©
His Honour Judge Willans:
Introduction
Legal Principles
Background
The previous proceedings
Events leading to these proceedings
My analysis of the evidence
[The Mother] is currently not in a relationship, but is talking to someone.[8]
This seems to me a clear reference to being on the boundaries of considering a relationship. It may be this went nowhere but it reinforce the point that this mother is young and impulsive. On my understanding of the evidence she has been consistently in problematic relationships since around the age of 16. There is at this time little evidence to demonstrate a committed period outside of destabilising relationships. The last 6 months or so are not a positive indicator in this regard.
Welfare analysis
Welfare Checklist
Holistic Analysis
i) Adoption has the potential to provide K with stable and secure care protected from the turbulent events summarised within this judgment. I am entitled to assume K would be loved and viewed as a valuable member of the family and would have all the benefits that flow from a sense of permanence within that family unit. The key point is the protection this would give to K and the opportunity for him to grow and develop free from concerns.
ii) However, the undeniable reality is that this comes with a very heavy price of family severance and a likely substantial/entire removal of the mother and father from K's daily life. This is a profound step to take and comes with all of the potential downsides readily identified by the professionals. To an extent with the passage of time these risks have increased rather than reduced, although I do not think the change is fundamentally material to my decision given there have been a range of other changes over that period. The most material concern is the removal from K of his mother given the level of love and bond identified on the papers. It would be a matter of the upmost regret to have to sanction such a step in circumstances where the mother/child relationship is as described.
iii) That is why it is so easy to identify the positives of family placement. It does not necessitate severance and preserves the family life enshrined in article 8. It also preserves the environment that fits with K's heritage and cultural identity. This might be readily imagined to be the situation best placed to meet K's needs as he grows over time. Placement with mother brings with it access to wider family and removes the concerns (expressed above) as to delayed emotional harm.
iv) It is against this that the challenges of the case balance. This case is all about risk to K (emotional and physical) deriving from the inability of his parents to prioritise his needs and to act responsibly and maturely with him and his needs in focus. Concerningly, when misconduct arises it has arisen at a seriously worrying level as seen in the events of June. It is difficult to conceive as to how K's needs could be consistently met whilst behaviour of this sort was being played out in his surrounding environment. The concern is of very real and serious implications for K.
Conclusions
His Honour Judge Willans