In the matter of L (Children)

Judgment

Mr Justice MacDonald:

Introduction

This is an application by the mother of NL, born in September 2008 and TL born in November 2011, for permission to appeal against the order of Her Honour Judge Brown of 5 August 2016 refusing the mother permission to oppose adoption applications in respect of the children. The case has been listed today for an oral permission hearing, with the substantive appeal to follow if permission is granted.

The mother is represented by Mrs Maureen Obi-Ezekpazu. The local authority, Bedford Borough Council, is represented by Mr Alex Verdan QC and Ms Ana Carvalho Gomes. The children are represented by Ms Kate Tompkins. At the conclusion of counsel’s submissions, we refused the mother permission to appeal and indicated that the reasons for that refusal would follow. This judgment now sets out those reasons.

Background

The background to this matter is protracted, and one which paints a concerning picture with respect to delay in the resolution of the futures of the two children with which these proceedings have been concerned.

On 26 April 2013, the children were made the subject of final care orders. On 8 July 2013, the children were made the subject of placement orders. Both the final care orders and the placement orders were made by Her Honour Judge Davies. In examining the merits of the mother’s application for permission to appeal the order of Her Honour Judge Brown of 5 August 2016, it is important first to have regard to the contents of the judgments of Her Honour Judge Davies of 26 April and 8 July 2013.

On 26 April 2013 Her Honour Judge Davies concluded that the threshold criteria pursuant to s 31(2) of the Children Act 1989 were met on the grounds that the children had suffered and were at risk of suffering significant harm as result of the parents’ own experience of childhood, the violence that had taken place throughout the mother’s life, the father’s criminal history and significant history of drug and alcohol abuse, the domestic violence that had occurred between the parents and what, Her Honour Judge Davies was satisfied, was the mother’s dishonesty about her relationship with the father in early 2012.

When considering the capacity of the mother to meet the children’s assessed needs, and having heard the mother, Her Honour Judge Davies concluded that the mother did not understand the emotional damage caused to the children by her relationship with the father. Her Honour Judge Davies further noted that ev