A Local Authority v Mother & Ors
[2023] EWFC 152 (B)
London Borough of Waltham Forest v The Mother & Anor
1 December 2023
[2023] EWFC 320 (B)
Family Court
A judge decided a child needs to be adopted because her mom has serious mental health problems, has been in abusive relationships, and has a chaotic life. The judge considered the mom's love for the child but determined that adoption would be safer. The judge also made plans for the child to keep some contact with her mom.
Key Facts
- •Care proceedings concerning a child, P, born on [redacted].
- •Interim care order in place, with P in foster care.
- •Local authority applies for a care order and placement order.
- •Mother opposes the application, seeking P's return home.
- •Allegations of the mother's mental health issues, inconsistent accounts, and involvement in abusive relationships.
- •Concerns regarding the mother's lifestyle, volatility, and capacity to meet P's needs.
- •Evidence includes social work reports, psychiatric assessments, police reports, and witness testimony.
- •P's father's identity is uncertain, with DNA evidence excluding a previously named individual.
- •The mother's mental health has fluctuated, resulting in hospitalizations and suicide attempts.
Legal Principles
The local authority bears the burden of proving the threshold criteria on the balance of probabilities.
Children Act 1989
The court must consider the welfare checklist in section 1(4) of the Children Act 2002 when determining the best course of action for the child.
Children Act 2002
In placement order proceedings, the paramount consideration is the child's welfare throughout their life.
Adoption and Children Act 2002
The court has the power to dispense with parental consent to a placement order if the child's welfare requires it.
Re P (Placement Orders: Parental Consent) [2008] EWCA Civ 535
The court can review, rescind, or vary an order under section 31F(4) of the Matrimonial and Family Proceedings Act 1984.
Matrimonial and Family Proceedings Act 1984
The court uses its powers under Family Procedure Rule 1.4 to balance fairness with efficiency and to avoid unnecessary distress.
Family Procedure Rules
A child is considered a victim of domestic abuse under section 3 of the Domestic Abuse Act 2021.
Domestic Abuse Act 2021
Outcomes
Care order granted.
The threshold criteria were met due to the mother's mental health vulnerabilities, inconsistent accounts, involvement in abusive relationships, and chaotic lifestyle, placing P at risk of significant harm.
Placement order granted; mother's consent dispensed with.
Adoption was deemed the only way to ensure P's long-term welfare and provide permanency and stability.
Contact arrangements outlined.
Letterbox contact, with the possibility of more frequent contact or face-to-face meetings depending on the adopters' views and the mother's response to the judgment.