M (Children), Re
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE McFARLANE
- LORD JUSTICE JACKSON
- LORD JUSTICE VOS
Areas of Law
- Family Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
This case centered on the appeal by both parents against Judge Serota QC's special guardianship orders favoring the children's foster carers. The Local Authority initiated care proceedings due to the mother's alcohol abuse and the father's anger management issues. The court of appeal found the judge's analysis on concepts such as 'emotional attunement' and reliance on statistical evidence for the mother's relapse probabilities inadequate. Given the finely balanced nature of the decision, the case requires a rehearing to accurately determine the children's welfare and appropriate placement.
J U D G M E N T
LORD JUSTICE McFARLANE : Earlier this year at the conclusion of care proceedings with respect to two children, His Honour Judge Serota QC made special guardianship orders in relation to the children which effectively secured their continuing placement with the two foster carers provided by the Local Authority who had been responsible for their care for some 2 years prior to that time.
The hearing that we have now conducted is a full hearing of applications by the father on the one hand and the mother on the other, they having now separated, for permission to appeal against the judge's determination.
The background to the case is detailed and I do not intend to descend to the full extent of that detail in this judgment, but it is necessary to explain one or two matters.
First of all, the description of the two children. The eldest is a girl, G, born on 17 February 2006 and therefore now aged 8 and 3/4 years. The younger child is a boy, E, born on 4 October 2009 and therefore now just over 5 years of age. The mother of both children originally is from Lithuania and is aged in her mid 40s. The father is the biological father of the younger child, E, but he is the adoptive father of the elder child, G, she having been born as a result of a relationship that the mother had with that child's father. The adoption, as I understand it, was achieved when G was only 1 year of age and effectively the father has been her adoptive father for all her childhood. The father originates from Moldova and he is aged in his mid 30s.
The circumstances which led to the Local Authority commencing care proceedings were generated by two aspects of the relationship of these parents which in combination resulted in home circumstances which were toxic on occasions and very much to the children's detriment.
The two factors, and they may have been interlocked with each other in a sense that one may have generated the other and vice versa, were that the mother had developed a substantial history of alcohol abuse and regularly consumed alcohol so that her ability to care for the children and act in a rational manner towards her partner was heavily compromised. The father for his part has difficulty in managing his anger and would on occasions resort to violence.
It is all too easy from that short description to understand how on occasions life in the family home was not at all conducive to the welfare of the children.
The children were removed from the care of the p