B (A Child), Re, Disengaged mother
[2024] EWFC 325 (B)
Local Authority v Mother & Ors
27 June 2024
[2024] EWFC 158 (B)
Family Court
A mother's mental health problems meant she couldn't safely care for her young child. Experts agreed the child needed a stable home, so the judge ordered the child to be put up for adoption, even though the mother didn't agree. This was a difficult decision, but it was made to protect the child's wellbeing.
Key Facts
- •Care and placement orders sought for S (approaching 2nd birthday) with a plan for adoption.
- •Mother opposes the application, seeking S's placement in her care.
- •Father and Children's Guardian support the application.
- •Mother has a history of mental health challenges, including PTSD and EUPD diagnoses.
- •Significant delays in proceedings due to various factors, including late identification of the father.
- •Mother's mental health is the central issue, impacting her ability to provide consistent, safe care.
- •Professional assessments (ISW, psychiatrist) consistently highlight concerns about the mother's mental health and its impact on her parenting.
Legal Principles
Paramountcy of the child's welfare.
Children Act 1989, section 1
Consideration of child's welfare throughout their life in placement applications with a plan for adoption.
Adoption and Children Act 2002, section 1(4)
Article 8 ECHR (right to respect for private and family life) and proportionality test in considering interference with family life.
Article 8 ECHR
Care order threshold under section 31 Children Act 1989.
Children Act 1989, section 31
Dispensation of parental consent for placement order if child's welfare requires it.
Implied within the judgment's decision-making.
Outcomes
Care and placement orders made.
Mother's enduring mental health challenges pose a significant risk of harm to S; adoption offers the most stable and enduring placement in S's best interests.
Mother's consent to the placement order dispensed with.
S's welfare demands it.