Derby City Council v Mother of child W & Ors
[2023] EWFC 78 (B)
Birmingham Childrens Trust v B & Ors
17 September 2024
[2024] EWFC 301 (B)
Family Court
A young child's parents had a very bad, abusive relationship and lied to social services. Because of this, and a lack of other options, the judge decided the best thing for the child was to be adopted by a new family.
Key Facts
- •W, a nearly two-year-old child, is the subject of care proceedings.
- •Interim care order made due to domestic abuse, breach of safety plan, and unexplained injuries.
- •Parents initially sought W's return but later conceded that W would not be safe in their care.
- •Mother's assessment was initially positive but later became negative due to her continued relationship with the father.
- •Father's assessment was negative, citing concerns about his past behavior, lack of support, and limited capacity for change.
- •Both parents were dishonest about their ongoing relationship.
- •Father failed to cooperate with a mobile phone disclosure order.
- •Local authority sought care and placement orders for adoption.
- •No viable alternative carers identified.
Legal Principles
The best person to bring up a child is the natural parent, provided the child's moral and physical health are not in danger. Society must tolerate diverse parenting standards.
Re KD [1988] AC 806; Re L [2007] 1 FLR 2050
Family ties may only be severed in exceptional circumstances. Everything must be done to preserve personal relations and rebuild the family.
YV v United Kingdom [2012] 55 EHRR 33
Courts are not to provide perfect homes; inadequate parenting is not grounds for care orders unless it endangers the child.
Sections 75
Local authority has a duty to promote upbringing by family; removal requires satisfying s.31(2) Children Act.
Section 77
Welfare Checklist (s.1 Children Act) applies; considers child and parents' Article 8 rights.
Section 78
Removal from parents must be proportionate to the risk; permanent separation only if necessary.
Section 79
Adoption is a last resort; s.1 Adoption and Children Act 2002 applies (harm, likelihood, consequences, mitigation, comparison, necessity, proportionality).
Sections 81-83
Child's welfare is paramount; maintaining connection with birth parents is preferred (s.1(6) Children Act; Article 8 ECHR). Permanent separation is exceptional.
Re D [2022] EWCA 896; Re C [2020] EWCA 1598
Outcomes
Final care orders made.
Toxic and dysfunctional parental relationship places child at significant emotional risk. Parents' dishonesty and lack of cooperation further exacerbated the risk. No other safe care options available.
Placement order for W made.
Adoption is the only safe and appropriate option given the parents' inability to provide safe care and the lack of alternative carers.
Parents' consent to adoption dispensed with.
Based on the assessment of risk and the unsuitability of the parents to provide care.