This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/society/2015/sep/16/judge-condemns-gloucestershire-childrens-services-foster-case
The article has changed 2 times. There is an RSS feed of changes available.
Previous version
1
Next version
| Version 0 | Version 1 |
|---|---|
| Judge condemns Gloucestershire children’s services in foster case | Judge condemns Gloucestershire children’s services in foster case |
| (35 minutes later) | |
| A young mother, her unborn child and her six-year-old son who lives in foster care have all been failed by the “very poor practice” of Gloucestershire children’s services, according to a judge’s withering ruling. | A young mother, her unborn child and her six-year-old son who lives in foster care have all been failed by the “very poor practice” of Gloucestershire children’s services, according to a judge’s withering ruling. |
| For the second time in six months, the judge, Stephen Wildblood QC, lambasted Gloucestershire county council for serious failings and delays in its management of a child protection case, saying he was “deeply critical” of social workers’ decision to recommend the drastic option of adoption for the boy (who cannot be named) without having first explored realistic alternatives, as by law they must. | |
| Wildblood, the most senior family court judge for Avon, north Somerset and Gloucestershire, also said a number of the council’s actions affecting the pregnant mother were “manifestly unfair”. | Wildblood, the most senior family court judge for Avon, north Somerset and Gloucestershire, also said a number of the council’s actions affecting the pregnant mother were “manifestly unfair”. |
| He issued a reprimand for the large amounts of public money wasted as a result of mismanagement over 16 months of what are still unfinished care proceedings. | He issued a reprimand for the large amounts of public money wasted as a result of mismanagement over 16 months of what are still unfinished care proceedings. |
| This case is made more complex by the fact that, unusually, the local authority did not bring the matter before a court for a year after the child was taken into care, and the mother has issued a claim for damages under the Human Rights Act 1998. | This case is made more complex by the fact that, unusually, the local authority did not bring the matter before a court for a year after the child was taken into care, and the mother has issued a claim for damages under the Human Rights Act 1998. |
| She argues that the situation that prompted her son’s summary removal by police did not reach the threshold of significant harm that would warrant the use of such draconian state powers. | She argues that the situation that prompted her son’s summary removal by police did not reach the threshold of significant harm that would warrant the use of such draconian state powers. |
| Kathy O’Mahony, operations director for children’s safeguarding and care at Gloucestershire county council, maintained that the local authority’s decision-making procedures were sufficiently rigorous. She said: “I am saddened by the judge’s comments. We did take the previous case seriously, but the early delay in this case happened over six months ago and I will be asking for a review to understand why this delay occurred. | Kathy O’Mahony, operations director for children’s safeguarding and care at Gloucestershire county council, maintained that the local authority’s decision-making procedures were sufficiently rigorous. She said: “I am saddened by the judge’s comments. We did take the previous case seriously, but the early delay in this case happened over six months ago and I will be asking for a review to understand why this delay occurred. |
| “I am satisfied that realistic options were explored prior to the decision to pursue adoption … [and] that despite conflicting views about the reasons for the current delay, the family member was in the past reluctant to be assessed and changed his position. The county council do have a very good record of placing older children for adoption and enabling direct contact with birth families. The key is to work to ensure stable, loving, permanent homes for children and that is what we are pursuing in this case.” | “I am satisfied that realistic options were explored prior to the decision to pursue adoption … [and] that despite conflicting views about the reasons for the current delay, the family member was in the past reluctant to be assessed and changed his position. The county council do have a very good record of placing older children for adoption and enabling direct contact with birth families. The key is to work to ensure stable, loving, permanent homes for children and that is what we are pursuing in this case.” |
| A final hearing of the case on Monday, at which the boy’s future was meant to be decided, had to be abandoned once it became clear that social workers had decided on adoption without first asking his foster carers whether they were willing to foster him long-term, which it later turned out they were. | A final hearing of the case on Monday, at which the boy’s future was meant to be decided, had to be abandoned once it became clear that social workers had decided on adoption without first asking his foster carers whether they were willing to foster him long-term, which it later turned out they were. |
| Social workers had also failed to take proper account of offers to care for him made by the father of the boy’s half-sibling, which he appears to have stated to the foster carers on a number of occasions. | Social workers had also failed to take proper account of offers to care for him made by the father of the boy’s half-sibling, which he appears to have stated to the foster carers on a number of occasions. |
| Related: Judge berates Gloucestershire council for failing foster child | Related: Judge berates Gloucestershire council for failing foster child |
| It is well understood that finding adoptive parents willing to take on children over the age of three or four becomes increasingly difficult because of the higher risks of breakdown. Adoptive placement breakdown is likely to be a psychologically irrecoverable disaster for any child who has already lost his mother, sibling and foster carers whom he loves. | It is well understood that finding adoptive parents willing to take on children over the age of three or four becomes increasingly difficult because of the higher risks of breakdown. Adoptive placement breakdown is likely to be a psychologically irrecoverable disaster for any child who has already lost his mother, sibling and foster carers whom he loves. |
| Wildblood said that for a boy of this age, who had lived with his mother and younger brother until the age of five and who had since had frequent and constructive contact with both throughout the long months in foster care, “I foresee considerable difficulties in any argument that adoption is in his paramount interest”. | Wildblood said that for a boy of this age, who had lived with his mother and younger brother until the age of five and who had since had frequent and constructive contact with both throughout the long months in foster care, “I foresee considerable difficulties in any argument that adoption is in his paramount interest”. |
| Wildblood’s ruling also makes plain his displeasure that the local authority declined to give a commitment that it would respect the court’s recommendation should the judge ultimately refuse its adoption application and instead recommend that the boy stay with the foster carers where he is settled. | Wildblood’s ruling also makes plain his displeasure that the local authority declined to give a commitment that it would respect the court’s recommendation should the judge ultimately refuse its adoption application and instead recommend that the boy stay with the foster carers where he is settled. |
| “Thus, even though the [children’s] guardian recommends the child should remain with the foster carers, the child expresses a wish to stay and the foster carers offer to care for him, the local authority have not regarded that to date as a realistic option to consider,” the judge said. | “Thus, even though the [children’s] guardian recommends the child should remain with the foster carers, the child expresses a wish to stay and the foster carers offer to care for him, the local authority have not regarded that to date as a realistic option to consider,” the judge said. |
| If the council chose to persist in that position, he said, he would if necessary find a suitable legal avenue to ensure any such future court recommendation was carried out. | If the council chose to persist in that position, he said, he would if necessary find a suitable legal avenue to ensure any such future court recommendation was carried out. |
Previous version
1
Next version