A Local Authority v Mother & Ors
[2023] EWFC 152 (B)
A Local Authority v A Mother & Ors
10 May 2023
[2023] EWFC 77 (B)
Family Court
A little boy needs a safe and loving home. His mom and dad have problems that make it unsafe for him to live with them. The judge decided the best thing for him is to be adopted by a new family, but he'll still get letters and pictures from his parents.
Key Facts
- •Public law proceedings concerning Z, a three-year-old boy.
- •Proceedings began in December 2021 and involved multiple hearings.
- •Mother has a history of neglect, drug use, domestic violence, and child sexual exploitation.
- •Father is a care leaver with a history of criminality and mental health issues.
- •Z has had multiple foster placements due to the mother's inability to meet his needs and unsafe practices.
- •Mother's recent efforts to engage with CGL and complete a parenting course.
- •Significant concerns regarding the mother's cognitive functioning and the negative influence of her support network (maternal grandmother).
- •Assessments from a specialist residential unit and a psychologist concluded that the mother is unable to meet Z's needs and that he remains at risk in her care.
- •Local Authority's final care plan is adoption.
Legal Principles
Paramount consideration of the child's welfare.
Children Act 1989, s.1(1)
Threshold criteria under s.31(2) Children Act 1989.
Children Act 1989, s.31(2)
Welfare checklist in s.1(3) Children Act 1989 and s.1(4) Adoption and Children Act 2002.
Children Act 1989, s.1(3); Adoption and Children Act 2002, s.1(4)
Two-stage process in public law proceedings (Re DAM [2018]).
Re DAM [2018] EWCA Civ 386
Proportionality and necessity of interference with Article 8 rights.
Various case law including Re G (2013), Re C and B (2001), Re B (2013), Re B-S (2013), Re W (2013)
No order principle under s.1(5) Children Act 1989.
Children Act 1989, s.1(5)
Dispensing with parental consent to Placement Order under s.52(1)(b) ACA 2002.
Adoption and Children Act 2002, s.52(1)(b)
Outcomes
Care Order made to the Local Authority.
Threshold criteria met; mother unable to meet Z's needs; significant risk of harm.
Placement Order made, dispensing with parental consent.
Z's welfare demands a permanent adoptive placement; mother's inability to provide safe care; no viable alternative.
Indirect letterbox contact allowed.
Balances Z's need to understand his life story with the need for a swift adoptive placement.
Father's request for 'goodbye contact' refused.
Would be confusing and upsetting for Z; no contact for 18 months.