Sheffield City Council v The Mother & Ors
[2024] EWFC 265 (B)
City of Doncaster Council v The Mother & Anor
18 July 2023
[2023] EWFC 324 (B)
Family Court
A baby's mom has problems with drugs and mental health, so the court decided the baby needs to be adopted to be safe and happy. The judge thought adoption was the best way for the baby to have a good life.
Key Facts
- •7-month-old baby boy, 'C', born in December 2022.
- •Mother, 'M', has a history of mental health problems, substance abuse (heroin, ecstasy, crack cocaine, pregabalin), and criminal offences (including attempted robbery).
- •Father is unknown.
- •Mother was recalled to prison for breaching licence conditions shortly after release.
- •Local authority sought a final care order with a care plan of adoption for 'C'.
- •Children's Guardian supported the local authority's application.
- •Mother initially opposed but later withdrew her application for a residential assessment and did not actively oppose the orders.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, section 1(1)
Adoption is a last resort.
Case law
Respect for family and private life (Article 8 ECHR).
European Convention on Human Rights, Article 8
Dispensing with parental consent for placement order.
Adoption and Children Act 2002, sections 21(3), 52(1)(b)
Standard of proof: balance of probabilities.
Re B (Children) [2008] UKHL 35
Consideration of welfare checklist in Adoption and Children Act 2002, section 1(4).
Adoption and Children Act 2002, section 1(4)
Outcomes
Final care order made.
Mother's inability to provide safe care due to mental health issues, substance abuse, and criminal history. Adoption deemed necessary to protect child's welfare.
Placement order made.
Adoption is in the child's best interests; mother's consent dispensed with.