Key Facts
- •Z, born November 5, 2023, was removed from parents XX and YY's care at birth due to safety concerns.
- •Father YY has a history of trauma, a conviction for controlling and coercive behaviour, and maintained contact with a man imprisoned for raping his sister.
- •Mother XX has borderline intellectual functioning and significant mental health challenges.
- •Conflicting expert opinions exist: independent social worker Ms Williams believes parents can care for Z with support, while other professionals, including a forensic psychologist, believe adoption is necessary.
- •The court heard evidence from various professionals, the parents, and the guardian.
Legal Principles
In care proceedings, the child's welfare is paramount.
Children Act 1989, section 1(1)
The burden of proof lies with the local authority to prove, on the balance of probabilities, that the threshold for care orders is met.
Re L and M (Children) [2013] EWHC 1569 (Fam)
The court must consider all realistic options and undertake a holistic welfare evaluation, weighing the pros and cons of each.
Re B-S (Adoption: Application of s47(5) [2013] EWCA Civ 1146, Re Y (Care Proceedings: Proportionality Evaluation) [2014] EWCA Civ 1553
The test for severing the parent-child relationship is strict, requiring exceptional circumstances and overriding welfare needs.
Re B (A Child) [2013] UKSC 33
Society must tolerate diverse parenting standards, but children must be protected from significant harm.
Re L (Care: Threshold Criteria) [2007] FLR 2050
Outcomes
Care order and placement order for adoption granted.
The court found that the risks to Z's welfare in the parents' care were too significant, despite the parents' love for their child. The conflicting expert opinions were weighed, with the judge prioritizing the evidence of the forensic psychologist and social worker over the independent social worker's assessment. The parents' mental health challenges, the father's history of coercive control, and the lack of a safe and stable home environment were considered.