Key Facts
- •Care and Placement Order application for Leah (born July 2019) by the City of Doncaster Council.
- •Mother (Karen) has a long history of drug and alcohol misuse.
- •Father (Paul) has paranoid schizophrenia.
- •Leah was known to social services before birth; her mother's older children were placed with family members in 2007.
- •Leah experienced neglect and exposure to substance misuse.
- •Parenting assessments concluded negatively for both parents.
- •Leah shows possible signs of foetal alcohol syndrome.
- •Leah was initially placed with paternal relatives, then moved to an alternative carer.
- •Mother accepts she cannot currently care for Leah but opposes adoption, suggesting a Final Care Order.
- •Father's solicitor hadn't received instructions for some time, but previously agreed with the Local Authority's plan.
Legal Principles
A court must consider the welfare checklist in the Children Act and the Adoption and Children Act when making decisions about children's care.
Children Act and Adoption and Children Act
Adoption is a last resort and should only be considered if nothing else will do. State interference must be proportionate to the child's needs.
Implicit in the judge's reasoning
The threshold criteria being met does not automatically lead to the making of the orders sought by the Local Authority; it is a gateway.
Implicit in the judge's reasoning
Outcomes
Care Order granted in respect of Leah.
The judge found that the mother's longstanding substance misuse issues, combined with the father's mental health challenges, meant that neither parent could safely care for Leah. Long-term foster care was deemed unstable, and adoption was deemed to be in Leah's best interests for long-term stability and well-being.
Parents' consent to a Placement Order dispensed with.
Based on the assessment of parental capabilities and the determination that adoption is in Leah's best interests.
Local Authority authorised to place Leah for adoption.
Adoption offers the best chance for Leah to have a stable, permanent home and family life. Six-month time limit placed on finding adoptive placement.