Unnamed Local Authority v S & Ors
[2023] EWFC 155 (B)
A (Care Proceedings; Late Application for Assessment), Re
10 June 2024
[2024] EWFC 339 (B)
Family Court
A baby girl's mom had trouble caring for her and took her to another country. A judge decided the baby needs to be adopted because the mom can't give her the care she needs, even with help. The judge also said no to other family members trying to take care of the baby because they came forward too late.
Key Facts
- •Care proceedings concerning a one-year-old girl, Person A.
- •Local authority sought care and placement orders with a plan for adoption.
- •Mother sought return of child or adjournment for further assessment.
- •Mother's godmother, Person C, was considered as an alternative carer at a late stage.
- •Mother absconded to the USA with Person A, leading to High Court wardship.
- •Two independent social worker parenting assessments were conducted.
- •Concerns included inconsistent care, lack of stimulation, and resistance to advice.
- •Mother's history of mental health struggles and challenging childhood experiences.
- •Appeal against case management decisions refusing further assessments was dismissed.
Legal Principles
Threshold criteria for care orders under Section 31(2) of the Children Act 1989.
Children Act 1989
Paramount consideration of the child's welfare throughout their life (Adoption and Children Act 2002).
Adoption and Children Act 2002
No order principle under Section 1(5) of the Children Act 1989.
Children Act 1989
Dispensation of parental consent for adoption under Section 52 of the Adoption and Children Act 2002.
Adoption and Children Act 2002
Proportionality in placement orders (Re B (Care Proceedings) (Appeal) [2013]).
Re B (Care Proceedings) (Appeal) [2013]
Child's interests are paramount but the court must consider bringing up the child within the natural family unless overriding welfare requirements make that impossible (Re B-S (Children) [2013]).
Re B-S (Children) [2013]
Considering all realistic options and avoiding a linear analysis (Re J [2015]).
Re J [2015]
Adjournment for filling evidential gaps before decisions on a child's future (Re E (A Child) [2023]).
Re E (A Child) [2023]
Late applications for viability assessments require exceptionally good reason (L and others (Children) [2017]).
L and others (Children) [2017]
Dishonesty is not necessarily determinative of parenting capacity (Re S [2014]).
Re S [2014]
Outcomes
Care order and placement order made in favour of London Borough of Harrow.
Adoption deemed the only option to meet Person A's needs due to mother's inconsistent care, lack of consistent prioritisation of the child's needs, resistance to advice, and concerning actions, including absconding to the USA.
Mother's consent to adoption dispensed with.
Person A's welfare requires it, given the reasons outlined above.
Applications for further assessments of Person C (godmother) and the mother were refused.
Insufficient reason for delay, lack of exceptionally good reason for late application for assessment of godmother, and existing evidence deemed sufficient.
No order made regarding post-adoption contact.
Local authority to discuss post-adoption contact with prospective adopters considering risks and benefits.