West Lothian Council In Relation Of Thechild Ce For A Permanence Order With Authority To Adopt
| Jurisdiction | Scotland |
| Judge | Lady Wise |
| Neutral Citation | [2014] CSOH 73 |
| Published date | 17 April 2014 |
| Docket Number | P686/13 |
| Court | Court of Session |
| Date | 17 April 2014 |
| OUTER HOUSE, COURT OF SESSION | |
| [2014] CSOH 73 | |
| P686/13 | OPINION OF LADY WISE in the application by WEST LOTHIAN COUNCIL Petitioner; In relation to the child CE For a Permanence Order with authority to adopt ________________ |
Petitioner: Loudon, advocate; Morton Fraser
Respondent: Stirling, advocate; TC Young
17 April 2014
Introduction
[1] This application concerns a young boy, CE, born seven weeks prematurely on 30 May 2011. His parents, NM and DE, were living together as a couple when their son was born. He was their first and only child. Both parents hold parental responsibilities and rights in respect of CE. In circumstances that were not substantially in dispute and which are narrated at paragraphs [6-11] below, CE was removed from his parents' care at the age of seven weeks. Since then he has resided with foster carers. He has lived with his current foster carer for over two years. The local authority now seeks a Permanence Order with authority to adopt so that CE can be placed with prospective adopters with a view to an adoption application being made. DE has consented to the orders sought in the petition and was not represented at proof. All of the orders sought were opposed by NM the first respondent.
Undisputed Evidence
[2] Counsel entered into a detailed and extremely helpful joint minute in this case (No 19 of process) agreeing many of the important facts and documentary material. The following is a narration of most of those agreed facts insofar as relevant to the chronology and to my decision.
[3] NM and DE met in the summer of 2010 and moved into a tenancy together shortly thereafter. NM was brought up primarily by her maternal grandmother. Her own mother and her mother's current partner present risks to CE due to her mother's volatile relationship with her partner who has addiction issues. NM has accepted for some time that both her mother and her mother's partner present risks to CE and that her mother should not be present during contact visits between NM and CE.
[4] Prior to CE's birth, police were called to attend a domestic dispute between NM and DE. DE had assaulted NM by slapping her and pushing her. Following the child's birth NM called the police on one occasion to attend her home as a result of an altercation involving DE and NM's father. NM was at times frightened of DE.
[5] From CE's birth on 30 May until 19 July 2011 there was no social work involvement with him. NM reported no difficulties with regard to DE's behaviour towards CE. However, NM witnessed DE shouting and swearing at CE when the baby was fractious. She also saw DE "throw" CE on a bed from a height on two occasions. She was worried about how DE was behaving towards CE. She has stated that if DE did not get his "own way, he'd take it out on me, CE or his mum".
[6] NM knew that DE smoked cannabis. On 18 July 2011 she agreed that DE could take CE to his mother's home to spend the night there. DE left with CE in a two seater vehicle from West Lothian to Edinburgh with DE and his mother occupying the seats. DE considered that the child could be transported sitting on his lap. This was unsafe.
[7] CE was returned to NM's care at around 00.45 on 19 July 2011. DE was heavily under the influence of drugs when he returned the baby. He was incapable of caring for the child properly. It appeared that CE had not been fed.
[8] Also on 19 July 2011 William Daly, Public Health Staff Nurse, noticed bruising on CE during a routine visit and arranged for the child to be examined by his general practitioner. The child was then referred by his general practitioner to Dr Helen Hammond, consultant paediatrician, St John's Hospital, Livingston and admitted to that hospital, with NM and DE's agreement, later that day.
[9] On 20 July 2011, Dr Hammond and a Dr Mark Howseman carried out a joint medical examination of CE. Number 6/8 of process is a true and accurate report of that examination. The examination revealed that CE had fourteen separate visible injuries to his body, considered to be non-accidental, including full thickness bruising to his left foot, extensive bruising to his right buttock and linear red marks consistent with finger grip marks to his right lower leg. NM and DE agreed to CE remaining in hospital overnight under observation.
[10] On 21 July 2011 CE underwent a full skeletal x-ray scan at the Royal Hospital for Sick Children, Edinburgh. The scan revealed a fracture to the left side of the child's skull above the ear and possible bone damage to the knees. A subsequent x-ray showed a healing fracture to CE's right knee. Neither NM nor DE has ever given an explanation as to how the injuries were sustained by CE. NM has stated that they were not caused by her or in her presence.
[11] On 22 July 2011 a child protection order was granted at Livingston Sheriff Court and CE was placed with foster carers. A condition that contact with NM and DE should be supervised and as directed by the local Social Work Department was attached. CE has remained accommodated by the petitioner since that date.
[12] A parenting assessment of NM was carried out by staff at Livingston Family Centre and commenced in August 2011. A risk assessment by Barnardos commenced at around the same time. No 6/27 of process is the report of that risk assessment, carried out by Ali Whiteley, a senior practitioner with Barnardos Family Support Service ("the Barnardos Assessment"). The Barnardos Assessment contains a true and accurate account of the assessment undertaken, the protective factors and risk factors relating to NM and the conclusions to be drawn from the assessment.
[13] On 20 September 2011 CE was moved to his current foster carer and has settled well with her.
[14] Grounds of referral in relation to CE's need for compulsory measures of care were established at Livingston Sheriff court without the need for oral evidence on 16 December 2011. On 6 January 2012 a supervision requirement was made in respect of CE which continues in force. Any contact between CE and either parent was (and is) to be supervised. Also in January 2012 NM commenced a relationship with another man, RJ.
[15] Between February and April 2012, following the Barnardos Assessment, a further parenting assessment was carried out by staff at Livingston Family Centre.
On 10 May 2012, a Children's Hearing varied the supervision requirement to provide that NM should have supervised contact with CE a minimum of twice per week and that there should be no contact between CE and his father DE. The reasons for the decision included that NM and CE "clearly have a very strong loving bond". Some contact took place in NM's home thereafter.
[16] In the early hours of 2 June 2012, police attended at NM's home. NM reported that she and RJ, her partner, had been "bickering" and that she had asked him to keep his voice down to avoid disturbing an elderly neighbour. She said that RJ had continued to shout and had smashed a beer bottle across the bedroom floor. RJ then appeared from the kitchen holding a small knife which he proceeded to push into his stomach. NM ran to a neighbour and an ambulance was called.
[17] On 31 August 2012 police attended at NM's home and were told by her that she had been getting texts from RJ, who had said that he was going to come to her home which she did not want. The police contacted RJ and warned him accordingly. NM told police officers that she had spent the day with RJ the previous Saturday and he was "fine". She said they were with a group of her friends within her address drinking alcohol.
[18] In September 2012 contact between NM and CE was moved from NM's home to Strathbrock Partnership Centre. Also that month, the supervision requirement was varied to provide that contact should be reduced to a minimum of once per month supervised by the Social Work Department. Supervised contact continues at this level.
[19] No 6/40 of process is a decision of the West Lothian Adoption and Permanency Panel ("APP") dated 9 October 2012 recommending that a permanence order with authority to adopt would best serve CE's needs. On 15 October 2012 that decision was accepted by the petitioner's Social Work Department decision maker.
[20] On 5 December 2012 a Children's Hearing was convened to ask the Hearing to provide advice to the court about the proposed permanency application was continued due to incorrect papers having been sent to NM and DE. This necessitated a return to the APP to start the process again.
[21] No 6/44 is a decision of the West Lothian APP dated 22 January 2013 making of new the recommendation made in no 6/40 of process. On 8 February 2013 the recommendation was accepted by the petitioner's Social Work Department decision maker.
[22] No 6/45 is a decision of the West Lothian APP dated 24 April 2013 to the effect that as there had been no significant changes to CE's situation there was no reason why the earlier recommendation should change and so recommended the route of a permanence order with authority to adopt which was again accepted by the petitioner's Social Work Department decision maker.
[23] On 18 June 2013 the Children's Hearing provided advice to the court supportive of the petitioner's proposed application.
[24] On 6 August 2013 another man, CF, telephoned the police from NM's home but he hung up immediately and then called back stating that he did not require the police to attend. However the police did attend and they interviewed the couple. CF advised the officers that he had begun a relationship with NM around three months earlier. NM described CF to police officers as a "brilliant partner". The police were told that the couple were engaged. CF told police officers that he suffered from schizophrenia.
[25] On 8 August 2013 police officers attended at NM's home and were told that an argument had developed between her and CF, whom she described as her "ex-partner", during which CF had bit her forearm...
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