Neutral Citation Number: [2010] EWMC 42 (FPC)

In the Magistrates’ Court
Family Proceedings Court

Before:
Lay
Magistrates
     
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Between:

	X Local Authority	Applicant	
	and		
	A	1st Respondent	
	B 	2nd Respondent	
	C (a child)	3rd Respondent	

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Re C (a child)

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Miss X 	for the	  Applicant	
Not represented 	for the	 1st Respondent 	
Miss Y	for the	2nd Respondent	
Mr Z 	for the	3rd Respondent	

Hearing date: 27 July 2010

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WRITTEN REASONS

The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved

Justices’ Reasons

1.	These Facts and Reasons have been agreed by all parties save for A, who does not oppose nor consent to them, such Facts and Reasons being adopted by the Court and the Court is satisfied the proposed order is appropriate in the circumstances of the case. 	
2.	This matter concerns C a child.   C is the son of A and B.    A is the only person with parental responsibility for C.	
3.	This is an application by the Local Authority for a Care Order in respect of C with a care plan that he remains in Local Authority foster care, in the care of his current carer with whom he has been placed since he was made the subject of an Interim Care Order in October 2009.  This plan is supported by the Children’s Guardian and not actively opposed by his father who was made a party to the proceedings on 27 January 2010.   C’s mother is not in attendance at the hearing today.   Her solicitor is also not in attendance.   We understand her solicitor is without instructions and has written to the court confirming this and explaining their non-attendance.   We agree to proceed in the mother’s absence on the basis that she has not engaged in the proceedings since around November 2009 when she disappeared and chosen to keep her whereabouts unknown to the Authority until it was established earlier this year she had relocated to a European city.	
4.	We have read the papers filed in the proceedings.   We have heard representations from the solicitors for the Local Authority, father and child.	
5.	We are satisfied the C had suffered and was likely to suffer significant harm in the form of emotional harm and neglect and the harm or likelihood of harm was attributable to the care given or likely to be given not being what it would be reasonable to expect a parent to give. 	
6.	We adopt the schedule of findings dated 22 October 2009 annexed hereto, in satisfaction of the threshold criteria as set out in section 31 (2) of the Children Act 1989.	
7.	We have taken into account the no order principle and the welfare checklist.   The welfare of C has been our paramount consideration.   We have also taken into account the implications of the Human Rights Act and believe the making of an order is necessary and proportionate for the protection of C.	
8.	We note that both of C’s parents are out of the country and not in a position to offer long term care for C.   We note C’s mother has not had any direct contact with C since November 2009 when her whereabouts were not known until a few months ago.   She was pregnant when she disappeared for fear of the Local Authority’s plan in relation to the baby once born.   She has not provided her solicitor with instructions or requested direct contact with C.   We understand letters and presents have been exchanged between C and his mother via her solicitor.	
9.	We note that C’s father has been having weekly telephone contact with C.   C’s father was given the opportunity to come to the UK for an assessment by an Independent Social Worker which he did not attend, having pleaded it was not in C’s best interest., and was therefore cancelled.   We note he is not in a position to offer care to C.	
10.	We note the Authority is facilitating direct contact between C and his maternal grandparents, which will be arranged twice a year, once satisfactory checks, are in place formally.     The Authority supports the continuation of indirect contact for father at its present level and would consider direct contact if B requested.	
11.	We make a Care Order in respect of C.	
		
12.	Annexe	
13.	Schedule of Findings	
14.	Specifically C has suffered emotional harm and neglect  and is at risk of suffering further harm as a result of the following:	
15.	1. C has not attended school for a couple of years.   His mother has indicated that she is educating him at home.   The education authority have made numerous attempt both prearranged and unannounced to meet with A to establish if suitable home education provisions are in place but have been unsuccessful in obtaining this information due to A’s lack of cooperation, deliberate evasion and refusal to permit access to C.   There was no evidence in the property of C being home schooled when the social worker attended the home address on 21 October 2009 and was allowed access to the flat by the landlord as outlined at paragraph 6 below.	
16.	2. C is isolated. He has very little contact (if any) with other adults and children outside his relationship with his mother, A.   This isolation has resulted in C suffering emotional harm and may affect his ability in the future to form appropriate relationships.	
17.	3. The authority have tried to meet with A  to discuss concerns surrounding C’s education  and lack of social interaction but she refused professionals permission to see or speak with C.   This may result in his continued isolation  and emotional harm	
18.	4. The authority applied for a Child Assessment Order to enable assessments of C’s education and health and social development.   A Child Assessment Order was granted by the Family Proceedings Court on the 16 October 2009 in the absence of A, who did not attend the hearing despite being served with notice of the hearing personally by a process server.   The Order stipulated details of the proposed assessments, times and venues.   The order was served on 19 October 2009 by the social worker by hand delivering the same to the home address as A was not at home and/or not answering the door.   A has failed to produce C for the directed assessments in breach of the said order.	
19.	5. A has not contacted the authority to explain why she has not produced C for the directed assessments thereby increasing the authority’s concerns.	
20.	6. On the 21 October 2009, the social worker attended the family home accompanied by the police and the property landlord.   The landlord allowed access to both the building, and the family’s flat. There was no one at home.   On entry the condition of the home were unacceptably poor and smelly with dog fouling on the floor which appeared it had been there for a couple of days.   There was evidence that A and C were still at the property as there had been recently washed dishes on the sink and clothing.   There was no visible evidence of C being educated at home.	
21.	7. A’s failure to:-
a)	Provide clean home conditions.
b)	Arrange for C to be properly educated.
c)	Cooperate with professionals and comply with the Child Assessment Order.
d)	Allow C to develop social interactions and form appropriate relationships with peers.
Has resulted in C suffering emotional harm and neglect.