Birmingham Childrens Trust v B & Ors
[2024] EWFC 301 (B)
Derby City Council v Mother of child W & Ors
9 February 2023
[2023] EWFC 78 (B)
Family Court
A young child's parents had a history of fighting and lying to social workers. Because of the risk to the child, the judge decided the child should be adopted, even though the parents loved the child. The judge also said that social workers and other involved parties didn't do a good enough job, causing unnecessary delays and problems.
Key Facts
- •Care proceedings for Child W (born 2019) initiated by Derby City Council in February 2022.
- •Application for a care and placement order made in November 2022.
- •Mother sought return of child or independent social work assessment.
- •Father sought to care for child or support Mother in care.
- •Children's Guardian supported local authority's position.
- •Mother has a previous conviction for assault by battery on an older child.
- •Father has a caution for assault against a former partner.
- •Serious incident of domestic abuse in November 2021 involving assault on Mother by Father in the presence of Child W.
- •Significant delays in proceedings exceeding the 26-week target.
- •Concerns about the adequacy of pre-birth assessments and risk assessments.
- •Concerns about the lack of police action against the Father for assault.
- •Concerns about the level of support and learning offered to parents, particularly the Mother, a victim of domestic abuse.
Legal Principles
The court's paramount consideration is the child's welfare.
Children Act 1989, section 1
In placement order applications, the court must consider the child's welfare throughout their life.
Adoption and Children Act 2002, section 1
The local authority must prove a factual threshold showing the child was at risk of significant harm when proceedings began.
Children Act 1989, section 31(2)
The court must consider a checklist of issues including the child’s needs, wishes, parents’ capacity to care and risks that exist.
Adoption and Children Act 2002, section 31(4)
Outcomes
Care and placement order granted.
Significant risks of harm to the child in the care of either parent due to their history of domestic abuse, dishonesty, and lack of understanding of safe relationships. Prevention of future harm is not possible without the parents addressing personal and relationship issues. Adoption deemed the only option to meet the child's welfare needs throughout her life.