The case of P (A Child: Assessment of Kinship Carers) [2014]
EWFC B73 has recently been reported however, headlines regarding this
case have been somewhat misleading.
This was a case relating to Care Proceedings of a three year old child. During the course of the Care Proceedings the
Mother submitted that her Father, the child’s Maternal Grandfather, should be
assessed as a possible carer for the child.
An initial viability assessment of the Maternal Grandfather was
conducted by the Local Authority and provided a positive indication. Accordingly, the Local Authority proceeded
with a full kinship assessment of the Maternal Grandfather.
The full kinship assessment of the Maternal grandfather was negative
due to concerns relating to; domestic violence which had been witnessed by the
Mother whilst she was growing up, alcohol consumption, drug misuse, anxiety and
depression, smoking as well as concerns as to the stability of the Maternal
Grandfather’s relationships.
The headlines have focused on the Court having rejected a placement
with the Maternal Grandfather as he could not give up smoking however, as you
can see there were a number of other
factors considered by the Court in reaching its decision.
So what do the Court consider when determining issues regarding Care
Proceedings and Placement Proceedings of a child?
When considering whether to make a Care Order the Court will have
regard to the principles contained within Section 31 of the Children Act
1989. The Court must be satisfied that:-
(i)
The child concerned is
suffering, or is likely to suffer, significant harm; and
(ii)
The harm, or likelihood of
harm, is attributable to the care given to the child not being what it would be
reasonable to expect a parent to give to that child or the child being beyond
parental control.
In determining the issue of who should raise a child the paramount
consideration will be the child’s welfare.
If the Court determines that a child cannot be rehabilitated to the
care of a parent the Court must then consider the options available to the
child.
Guidelines provided in the case of Re B-S (Children) [2103]
EWCA Civ 114 state that a Placement Order, where a child is placed for
adoption, should only be made ‘where nothing else will do’.
In relation to this case, the Mother wished for the Maternal
Grandfather to be considered as a carer for the child. The criteria for considering a family member
or indeed whether someone is suitable as a foster carer is closely regulated
and Standard 13 of the Fostering Services National Minimum Standards sets out
what should be considered. This case
particularly drew on sections 13.5, 13.6 and 13.7 which provide:
13.5) Checks
are carried out in line with regulation 26 and prospective foster carers
understand why identity checks, relationship status and health checks, personal
references and enquiries are undertaken about them and why enhanced CRB checks
are made on them and adult members of their household.
13.6) Prospective foster carers are
considered in terms of their capacity to look after children in a safe and
responsible way that meets the child’s development needs.
13.7) The written report on the
person’s suitability to be approved as a foster carer sets out clearly all the
information that the fostering panel and decision maker needs in order to make
an objective approval decision. The reports are accurate, up-to-date and
include evidence based information that distinguishes between fact, opinion and
third party information. The reports are prepared, signed and dated by the
social worker who assessed the prospective foster carer and countersigned and
dated by the fostering team manager or a team manager of another of the
provider’s fostering teams.
This was a case where based on the evidence provided a decision was
made to place the child for Adoption. So
as you can see, you should always look behind the headlines as to what the
Courts actually considered in making their decision.
Prepared by Sian Williams.
