In a graphic illustration of the importance given to sibling relationships by the family courts, a judge has ruled that regular contact be maintained between six brothers and sisters within the care system, notwithstanding concerns that this may jeopardise their chances of finding long-term adoptive or foster placements.
The children, aged between six months and eight years, had been removed from their parents’ care by Leicester City Council after one of them suffered a broken leg. There were also concerns about neglect and drug use by the parents and the council’s plan was for the four younger children to be adopted outside their natural family and the eldest two to be placed in long-term foster care.
Before a family judge, the council argued that potential adopters and fosterers would be ‘unnerved’ by the prospect of having to maintain contact between the children and that such a requirement could prove a ‘complicating factor’ in deciding their future. It was submitted that the question of sibling contact should be left to the ‘discretion’ of fosterers and adopters.
The judge agreed in principle with the council’s plan for the children but nevertheless made a mandatory order that they should have twice-yearly contact with each other. He noted that the maintenance of contact was particularly important for the eldest boy, who had played a 'significant role as a young carer' for his siblings before they were taken into care and continued to worry about their well-being.
The children’s guardian, whilst acknowledging the importance of keeping the sibling connection if possible, had expressed the view that finding secure homes for the children was more important. However, the judge noted, "In this case the evidence in support of the need for on-going direct inter-sibling contact is very strong.
"Although, if she had to choose between the two, the guardian said that she would choose the importance of securing adoptive placements above the need to ensure on-going contact, it was clear that she agonised over that decision and that in her mind, the decision was marginal. I am satisfied that it is appropriate that, for the children, I should make contact orders."