Reading Borough Council v P & Ors [2023] EWCOP 16

Fact finding judgment arising from the placement of P in a care home where her daughter KS's behaviour is such that the placement care home issued further proceedings about the continuation of the arrangements.

A first judgment was handed down by HHJ Owens in November 2022 in which she concluded that it was in P's best interest to remain in her care home placement but with certain conditions attached to contact with KS. As HHJ Owens notes in this judgment, that was thought to be the end of proceedings. KS, though, does not accept that her behaviour is inappropriate, and continued to clash with the staff and so the care home issued proceedings as they were not persuaded that P could continue to stay there or that contact could safely be managed. The judge therefore decided following AG there should be a fact finding hearing .
In this judgment HHJ Owens reviews the case law on fact finding hearings in care cases (some relating to children) before reviewing the allegations (set out in Appendix to the judgment). She concludes at [42]
"that KS has little insight into her behaviour and its impact on P and, until she accepts that she cannot behave in this way in future, there is a risk of her continuing to expose P to conflict."
She suggest that KS reflect on the findings, though acknowledging that KS loves her mother very much. 

Read the judgment on Bailii