A local authority issued care proceedings under Part IV of the Children Act 1989 in respect of a seriously disabled child. The relationship between the child’s parents and the private care agency responsible for delivering the child’s care had broken down as a result of what the agency perceived as the parents’ “resistance and combative interference”. The psychological assessment of the parents, ordered by the court with the aim of achieving a better understanding of their interactions with professionals, concluded that the court was not best assisted by an evaluation of the issues in terms of the parents’ perceived failures or any mental health difficulties. Instead, an analytical approach diminishing mutual blame and promoting a recognition that these were ordinary parents dealing with extraordinary circumstances had “unlocked” the case and allowed both the parents and the care workers to understand the challenge that each faced.
On the local authority’s application —
Held, interim hearing resolved with consent. The management of challenging cases concerning profoundly disabled children did not sit comfortably or entirely appropriately within the scope of Part IV of the Children Act 1989. Legal proceedings often made a very limited contribution to the resolution of cases involving a breakdown of relationships between parents, local authorities and the other parties concerned with the welfare of severely disabled children and a functional family unit, provided it was in fact functional and able to meet the welfare needs of the child to a sufficient degree, was of central importance to the care of such children because it was often the only fixed point in their otherwise changing care provisions. In the present case the analysis of the expert psychologist that, rather than looking to change the parents, a systemic intervention drawn from organisational psychology and systems theory resonated clearly with the applicable legal framework within the 1989 Act. In particular, it was important to emphasise that the reference in section 31(2)(b) of the 1989 Act to care “not being what it would be reasonable to expect a parent to give” was not to be regarded as an abstract or hypothetical test but was to be evaluated by reference to the circumstances the parent was confronting (ie what would it have been reasonable to expect of a parent in those particular circumstances) recognising that in a challenging situation many of us might behave in a way which might not objectively be viewed as reasonable. The test was not to be construed in a vacuum nor applied judgementally by reference to some gold standard of parenting which few (if any) could achieve. On the contrary, it contemplated a range of behaviours incorporating inevitable human frailty. The reasonableness of the care given had to be evaluated strictly by reference to the particular circumstances and the individual child (paras 6–9, 16, 18, 19).
Samantha Bowcock QC and Danielle Woods (instructed by Head of Legal Services, Lancashire County Council, Preston) for the local authority.
Frances Heaton QC and Jo Mallon (instructed by Paul Crowley Solicitors, Liverpool) for the mother
Lorraine Cavanagh QC and Kerri O'Neill (instructed by Morecrofts Solicitors, Liverpool) for the father.
Paul Hart (instructed by Vanguard Law Solicitors, Harrow) for the child.
Nigel Taylor (instructed by Hill Dickinson, Liverpool) for the intervener.