Family Court judge raps council for "woeful" care of two young women
A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.
In A & B (care orders and placement orders - failures) [2018] EWFC 72 Mr Justice Keehan urged Herefordshire Council to reach an agreement with ‘A’ and ‘B’ for damages for acknowledged breaches of their Article 8 rights under the Human Rights Act.
A and B are both now aged over 18 and were made the subjects of care orders in 2008, but interim care orders were issued in mid 2003.
The judge said: “For reasons I do not begin to understand, it was not until 5 February 2008, over four and a half years after the proceedings had been commenced, that both children were made the subjects of care orders and placement orders.”
He added: “The care of and care planning for both these young people by Herefordshire Council has, over the last ten years or so, been woeful.”
From 2009 the chronology of events and the explanation for how their care was planned “becomes extremely confused and contradictory”, the judge said, leading to A and B being split apart into separate foster placements.
“I have been given no explanation for these utterly contradictory versions of events,” Keehan J said.
“It, however, demonstrates the chaotic and irrational approach of this local authority to the care of and care planning for A and B.”
The judge ordered Cath Thomas, the head of service, safeguarding and review to file a statement.
She said independent legal advice had not been sought over A and B’s placements as in another case an independent reviewing officer (IRO) was threatened with disciplinary procedures if she did so.
The judge noted that as a result of Ms Thomas' statement Herefordshire’s legal department had started a whistleblowing investigation.
“I note that the then deputy county solicitor agreed with Ms Thomas' recollection of events,” he added.
In conclusion, Keehan J said: “I am appalled at the manner in which and the serial occasions on which the social workers and their managers have failed these two young people.”
He said the difficulties faced by all local authorities in recruiting social workers “do not begin to explain the wholesale failure of this local authority, in its role as a corporate parent to plan adequately or appropriately for the care of these children…the clear message must go out that IROs serve a vital and essential function to ensure that a child's or a young person's interests are met post the making of a care order or other orders.”
A Herefordshire statement said: “[The] council wishes to apologise to the young people for the poor standard of care provided.
"The council fully accepts the judgments and the findings of Mr Justice Keehan, and recognises there were failings in the support provided. The standard of service fell well below where it should be. We deeply regret this and we’re sorry for the impact this has had.”
It said a new senior management had put stronger supervision and decision making arrangements in place and steps had been taken to strengthen the IRO service.
Mark Smulian
