London Borough of Waltham Forest v The Mother & Anor
[2023] EWFC 320 (B)
A Local Authority v Mother & Ors
12 May 2023
[2023] EWFC 152 (B)
Family Court
A little boy, Joe, wasn't safe with his mom and dad because of their problems. Even though they love him, the judge decided Joe needs to be adopted by a new family so he can have a safe and happy life. The judge said maybe Joe could see his mom again later, but not his dad.
Key Facts
- •Joe (pseudonym), a child born on [a date], was the subject of interim care proceedings.
- •The Local Authority applied for final care and placement orders.
- •Joe's mother has parental responsibility; the parents are separated.
- •Significant concerns regarding both parents' mental health, substance misuse, history of violence, and ability to provide consistent care for Joe.
- •Multiple assessments were conducted, mostly with negative findings.
- •The mother challenged the assessments and process, alleging bias and prejudice.
- •The father barely engaged in the final hearing.
- •Joe was placed in foster care.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, Section 1(1)
Threshold criteria for care orders must be met (significant harm and attribution).
Children Act 1989, Section 31(2)
Placement orders require parental consent or the court to dispense with consent based on the child's welfare.
Adoption and Children Act 2002, Sections 21, 22, 52
Court must consider welfare checklist in making decisions.
Adoption and Children Act 2002, Section 1(3)
Least interventionist approach should be adopted.
Various case law, including Re O (Care or Supervision Order) [1996] 2 FLR 755
Adoption is a last resort.
Re B (Care Proceeding: Appeal) [2013] UKSC 33
Article 8 rights (family life) must be considered, but not at the expense of child welfare.
Y v United Kingdom [2012] 2 FLR 332
Outcomes
Care order made.
Threshold criteria met; parents unable to provide safe and consistent care despite extensive support and interventions.
Parental consent dispensed with.
Parents unable to meet Joe's needs; adoption is the only option to ensure his welfare.
Placement order made.
Adoption is the only viable option to safeguard Joe's welfare and provide him with permanence and stability.
Plan for indirect post-adoption contact.
Direct contact deemed too risky but possibility of future contact with mother suggested.