LA v FM & Ors

Mr Alex Verdan Q. C. (instructed by Local Authority) for the Applicants Mr Richard Alomo (instructed by Forward Yussuf Solicitors?) for the 1st Respondent Ms Francis Oldham Q. C. & Ms Jayne Harrill (instructed by Mackesys Solicitors?) for the 2nd Respondent Ms Alison Burt (Covent Garden Family Law Solicitors?) for the 3rd & 4th Respondents Hearing dates: 16th � 27th September 2013 ____________________

(2) It would be contrary to the children's welfare for the court not to give this mother this time limited opportunity to demonstrate that she can change in the way described by Ms G and Mr Y. As part of the welfare checklist the court has to assess the parent's capacity. That must include, in the circumstances of this case where her relationship with the children is so strong, the mother's capacity to change in the light of the court's findings so she can meet the children's needs.

(4) The LA make a powerful point, which I accept, about the need for those supporting the mother on the ground to have trust in her and confidence in her honesty and reliability. It is in the mother's hands now to demonstrate that they can place such confidence in her to possibly be able to provide safe care for the children. That can only be done by her unconditional acceptance and acknowledgment of this courts findings and actively considering a plan to manage the risk of harm in the future. Nothing less will do.

(6) If the mother accepts the findings I have made it may shed light on what factors have contributed to her maintaining her denials in the face of what I and others considered to be strong and compelling evidence about domestic violence and the father's responsibility for C's death. In Dr R's view the courts findings may allow the mother emotional safety to make the changes required.

(7) I have taken into account the mother's actions in having no contact with the father during the currency of these proceedings, but I am clear she remains emotionally attached to him. She will need to demonstrate she can make that break and what contact she has with the wider paternal family. She has got to provide that information in a full and frank way so it can be assessed and to demonstrate she can prioritise her children over her husband.