Introduction
Being a parent can be a daunting but also an exhilarating and rewarding experience. But as Voltaire put it: ‘With power comes great responsibility.’
Parenthood is not always moonlight and roses. It often means constantly facing challenges in raising a child, trying to make the best decisions on their behalf.
But what if the parent also has challenges?
Parents living with disabilities often have to live with the bias of other people. Very few people know disabled people as their peers, and their only contact with such individuals is usually in a crisis where professionals must help. Therefore, society sees people with disabilities as people who always ‘need help’ and who can’t provide a child with security or protection.
This article aims to shine the light on parental responsibility and how the law sees people with a learning disability. Can they be responsible parents?
What is parental responsibility?
Parental Responsibility is defined in ‘Section 3(1) Children Act 1989’ as being:
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”
Parental Responsibility relates to the day-to-day decisions that need to be taken by a parent or the person with whom the child lives. These include decisions about:
- The child’s education and where the child will go to school
- Choosing, changing, and registering the child’s name
- Appointing a guardian for the child in the event of the death of a parent
- Consenting to an operation on the child or medical treatment
- Accessing medical records of the child
- Agreeing to the child being taken abroad on a holiday or an extended stay with family/friends
- Representation of the child in legal proceedings
- The religious upbringing of the child
The biological mother of a child has automatic parental responsibility. The birth father also has it, whether or not he is married to the mother or in a civil relationship with her. As long as his name is on the child’s birth certificate, he has parental responsibility. Stepparents and grandparents do not have parental responsibility.
Parental Responsibility and Divorce
Should a marriage end, both the mother and father will continue to have parental responsibility subject to the conditions above.
Parental responsibility and a learning disability
A learning disability is defined as… ‘A significantly reduced ability to understand new or complex information, to learn new skills (impaired intelligence); with a reduced ability to cope independently (impaired social functioning), which started before adulthood, with a lasting effect on development.’
A person who has an IQ of less than 70 will typically be diagnosed as a person who has a learning disability.
In the UK, this affects about 7% of adults. 40% of these parents do not live with the children, as these children are much more likely to be removed from care.
Parents diagnosed with learning disabilities are often affected by poverty, live in poor housing conditions, have mental or physical health problems, are socially isolated, have low literacy skills, and experience communication difficulties.
One can almost understand why it is not ideal for a child’s welfare to grow up in such conditions.
But is it fair?
A case in point: A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94
In this case, the court was concerned about the chronic neglect of two children, aged 3 and 19 months. (There was also an elder sister, but she was already placed under a special guardianship order and wished to stay with this couple.)
The local authority applied for care and placement orders for both children, but the parents opposed this.
The mother had a mild learning disability, an IQ of 57, and partial deafness in both ears. She also suffered from depression. Her disabilities directly impacted her ability to care for her children. She could not tell the time and did not know when to feed the kids. Therefore, she never prepared meals. Although the dad was able, he also suffered from depression. He was also the registered carer for the mother.
The court had to decide if they could safely return the children to the parents or if they had to be put up for adoption.
On behalf of the mother, counsel argued that the local authority did not provide the necessary and appropriate support that she, a parent with a learning disability, needed. The mother felt that the system let her down as they did not follow the ‘Good Practice Guidance on Working with Parents with a Learning Disability.’
Judge Dancey acknowledged there was ‘considerable force’ in arguments that the authority’s assessment and support of the mother could have been better. While individual workers did their best to make things work, the council had not always followed government guidance around working with learning-disabled parents.
The judge also considered Re D (A Child) (No 3) [2016] EWFC 1 and Re Guardian and A (Care Order: Freeing Order: Parents with a Learning Disability) [2016] NIFam 8.
Those cases established several essential points relevant to this case:
- Parents with learning difficulties can often be ‘good enough’ parents when provided with the ongoing emotional and practical support they need.
- The concept of ‘parenting with support’ must underpin how courts and professionals approach parents with learning difficulties.
- Courts must ensure that parents with learning difficulties are not at risk of having their parental responsibilities terminated based on evidence that would not hold up against parents without such problems. This means that one should not compare a parent with a learning disability with able parents – this is discriminating.
- Multi-agency working is critical if parents are to be supported effectively, and the court must make sure that has been done effectively.
- The court should not focus so narrowly on the child’s welfare that the parent’s needs arising from their disability, and impacting on their parenting capacity, are ignored.
- Courts should be careful to ensure that the supposed inability of the parents to change is not itself an artefact of professionals’ ineffectiveness in appropriately engaging with the parents.
The court ruled that the two children could be adopted, despite accepting criticism of the local authority involved with the family.
Judgement said that a support package to enable the children to return to their mother and father, both of whom suffer from depression, would amount to ‘substituted parenting’.
The judge found that it was ‘unlikely the outcome would have changed with extra support because of the fundamental nature of the mother’s limitations and the father’s lack of understanding of the need for change.’
It would be unfair to require local agencies to provide support to the extent that they substitute the parents. Therefore, care and placement orders were made in respect of both children.
It is evident from the case above that the court considered the best interests of the kids, but also the parents. It is not to say that parents with learning disabilities cannot be good parents! They can, especially if there are appropriate support systems in place.
However, these parents must be identified early and be helped to develop as parents. Numerous home and group-based parenting programmes are available in the UK to assist parents.
A story of hope
This is the story of Marie and her son Charlie. Marie’s first two sons were taken into care and put up for adoption due to her learning disability and unstable mental health.
Charlie, who lived with his mother at the time, was subject to a care order, and the local authority was his legal guardian.
Marie and Charlie had to live with a foster parent who could help her and show her what to do. Marie had to dress Charlie, make his bottles, and feed him. Eventually, after various assessments, the professionals found that Marie had the capacity and the understanding to look after Charlie, and they were allowed to return to their own home.
The care order was lifted, and Charlie was placed in the care of Marie. Today, Marie still works with social workers to ensure that Charlie will be brought up in the best possible way.
This is the ideal system and outcome that one wishes for in a situation where there is a parent with a learning disability. There is hope!
Conclusion
Early intervention, appropriate assessments and proper support can lead to a happy ending for both the disabled parent and child.
You can also read our other blog: Parental Responsibility: What is it and why does it matter?
Do you have any questions about parental responsibility or your rights as a parent living with a learning disability?
Our family law team have years of experience and will be happy to help.
