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You are here: BAILII >> Databases >> England and Wales Family Court Decisions (High Court Judges) >> G, Re [2020] EWFC 94 (22 December 2020) URL: https://www.bailii.org/ew/cases/EWFC/HCJ/2020/94.html Cite as: [2020] EWFC 94 |
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B e f o r e :
____________________
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____________________
Andrew Bagchi QC and Abigail Turner (instructed by The Family Law Group
) for the 1st
Respondent
Fiona Munro (instructed by Noble Solicitors) for the 2nd
Respondent
Darren Howe QC and Patrick Paisley (instructed by Sills & Betteridge LLP for the 3rd
Respondent
Sharon Segal for the Intervenor
Hearing dates: 23 November to 11 December 2020
____________________
Crown Copyright ©
Covid-19 Protocol: This judgment will be handed down by the judge remotely
by circulation to the parties'
representatives
by email and
release
to BAILII. The date and time for hand-down will be deemed to be 10:30am on 22 December
2020.
A copy of the judgment in final form as handed down will be automatically sent to counsel shortly afterwards
The Hon Mrs Justice Judd :
Introduction
Background
Threshold
The position of the parties
The law
"29.Gillen
J's words
require
to be
read
in full, but two passages set the tone:
"(2) People with a learning disability are individuals first and foremost and each has a right to be treated as an equal citizen.Government
policy emphasises the importance of people with a learning disability being supported to be fully engaged playing a role in civic society and their ability to exercise their rights and
responsibilities
needs to be strengthened. They are valued citizens …
(4) This court fully accepts that parents with learning difficulties can often be "good
enough" parents when provided with the ongoing emotional and practical support they need. The concept of "parenting with support" must underpin the way in which the courts and professionals' approach wherever possible parents with learning difficulties … judges must make absolutely certain that parents with learning difficulties are not at risk of having their parental
responsibilities
terminated on the basis of evidence that would not hold up against normal parents. Their competences must not be judged against stricter criteria or harsher standards than other parents."
30. All that said, as I made clear in Inre
R (A Child) (Adoption: Judicial Approach) [2014] EWCA Civ 1625, [2015] 1 WLR 3273, para 44:
"Where adoption is in the child's best interests, local authorities must not shy away from seeking, nor courts from making, care orders with a plan for adoption, placement orders and adoption orders. The fact is that there are occasions when nothing but adoption will do, and it is essential in such cases that a child's welfare should not be compromised by keeping them within their family at all costs."
The evidence
Discussion
Realistic
options
Placement with the mother
Long term fostering
Adoption
Decision
Contact