The Local Authority v A & Anor
[2024] EWFC 137 (B)
L, Re
29 February 2024
[2024] EWFC 152 (B)
Family Court
A baby's parents were in jail and had serious problems with drugs and crime. The court decided the best thing for the baby was to be adopted because his parents couldn't care for him, and there were no other suitable family members. The judge had to balance the baby's need for a safe home with the parents' rights, and adoption was the final decision.
Key Facts
- •L, a six-month-old baby, is the subject of care proceedings.
- •Mother (M) is incarcerated for seven years (until at least July 2027) for drug-related offenses, including possession with intent to supply.
- •Father (F) has an extensive criminal history and has not engaged with the proceedings.
- •Assessments of potential family placements were negative.
- •L is currently in foster care with supervised contact with his mother.
- •Both parents have been negatively assessed due to drug misuse, criminal history, and domestic abuse.
- •The local authority recommends Care and Placement Orders.
Legal Principles
Adoption can only be approved where it is in the child's lifelong best interests and where the severe interference with the right to respect for family life is necessary and proportionate.
Re: D (A child; Placement Order) [2022] EWCA Civ
The relationship between parents and children can be severed only in exceptional circumstances and where motivated by overriding requirements pertaining to the child's welfare; 'nothing else will do'.
Re: B (Care proceedings; appeal) [2013] UKSC 33
The court must carry out a rigorous analysis and deliver a reasoned judgment, weighing the advantages and disadvantages of all realistic placement outcomes.
Re: G (A child) [2013] EWCA Civ 965
A full, comprehensive welfare evaluation of all relevant pros and cons must be undertaken before determining whether adoption is the only option ('nothing else will do').
Re: B-S (2013) EWCA Civ 1146
The paramount consideration is the child's welfare throughout their life.
Adoption and Children Act 2002, section 1
In identifying a child's best interests, maintaining family ties should be prioritized unless the family is unfit; the child needs a safe and secure environment.
YC v The United Kingdom (2012) 2 FLR 332
Outcomes
Care and Placement Orders were made.
Neither parent can provide safe care for L within a reasonable timeframe. No suitable alternative carers were found. Adoption is deemed the only option to ensure L's lifelong welfare and is considered necessary and proportionate, even with the interference with Article 8 rights.
Parental consent was dispensed with.
L's welfare necessitates dispensing with parental consent.