K and D (Children - Care Proceedings - Separation of Siblings)

This judgment was delivered in private. The judge has given leave for it to be reported on the strict understanding that (irrespective of what is contained in the judgment) in any report no person other than the advocates or the solicitors instructing them and any other persons identified by name in the judgment itself may be identified by name or location and that in particular the anonymity of the children and the adult members of their family must be strictly preserved.

Leicestershire County Council (�the local authority�) applies to the court for care orders in respect of two children, K, aged 7, and D, aged 18 months. The mother of both children is AB (�the mother�). The father of K is EF. EF has played no active part in this hearing. D�s father is CP.

The local authority�s final care plan for K is that she should remain with her current foster carers. That plan is opposed by the mother but not opposed by EF. The final care plan for D is that he should be placed for adoption. That plan is opposed by both of his parents. The Children�s Guardian supports the care plans for both children.

The mother is 25 years old. EF is 24 years old. Their relationship began in 2004. On 7 th July 2006 EF was convicted of an offence of common assault. His victim was maternal grandmother, MB. The mother, too, was a victim of abuse by EF. On 6 th March 2007 EF punched her on the leg. He subsequently pleaded guilty to a charge of assault

The next day there was an incident involving K. K was then 6 weeks old. EF was holding her. There was an argument. EF says that he became so engrossed in the argument that he didn�t realise he was blocking K�s mouth and nose with his hand. She couldn�t breathe. She turned blue. Once he removed his hand she quickly recovered. EF accepts full responsibility. The mother and EF separated after this incident.