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England and Wales Family Court Decisions (High Court Judges)
You are here: BAILII >> Databases >> England and Wales Family Court Decisions (High Court Judges) >> Kirklees Council v LS & Anor  EWFC 12 (20 February 2018)
Cite as:  EWFC 12
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1 Oxford Row
Leeds, LS1 3BG
B e f o r e :
| KIRKLEES COUNCIL
|- and -
1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. Fax No: 020 7831 6864 DX 410 LDE
MR SAM MOMTAZ QC and MISS JOANNE O'SHEA for the mother
MISS SARAH BLACKMORE for the father of A and B
MR JOHN JACKSON for the child's guardian
Crown Copyright ©
MR JUSTICE HOLMAN:
"(7) With regard to C, I understand the plan advanced by the local authority, and supported by the guardian, is for him to be placed for adoption outside of the family. I disagree with this plan and believe that because of the bond he has with his sisters, with whom he has lived throughout his life, he should remain placed with them albeit in a long-term foster placement. I feel that if he was to be removed from his siblings and his ties ended with his birth family, this will cause him greater harm in the future. For this reason, I believe that he should be placed in a long-term foster placement with his sisters.
"(8) I understand that it is not ideal for a child of C's age, or, indeed, any child, to be a looked after child for a long period of time. In this instance, I feel that it is in C's best interest that he continues to be placed with his sisters and that he maintains direct contact with his family and sisters."
"The local authority will not consider any adoptive placement for the children that would not facilitate sibling contact... activity based within the community..."
i.e. direct face to face contact.
"Throughout the assessment, positive observations have been made of the sibling relationship. There is no evidence of the existence of the factors identified at the beginning of this assessment that can be negative of children being placed together. Therefore, it is clear that where possible the children should be placed together."
"It is not in the children's best interests to prevent any of the three children from being provided with a permanent and stable home purely to keep all three siblings together. Therefore, if a placement is not able to be allocated for all three children, then separation must occur."