Key Facts
- •Fact-finding hearing (reported as Re N (A Child) (Fact Finding) [2024] EWFC 2 (B)) established that N suffered an inflicted injury likely caused by a shaking assault by the father (M), and the mother (J) delayed seeking medical intervention.
- •The local authority sought care and placement orders for adoption.
- •The parents' relationship continued after the fact-finding, despite claims of separation, creating concerns about ongoing risk to the child.
- •Expert assessments concluded negatively about the mother's ability to care for N due to her vulnerability and the unhealthy parental relationship.
- •The father (M) left the welfare hearing before the mother gave evidence and did not provide his own evidence.
- •The court found the father's behaviour to be abusive and lacking in insight into his actions.
- •The mother's acceptance of the court's findings was questionable due to inconsistencies in her evidence regarding her relationship with the father.
- •The mother had limited social support and struggled with transparency.
- •The hair strand tests showed the mother had no excess alcohol consumption, while the father had used amphetamine.
Legal Principles
The child's welfare is the paramount consideration.
Children Act 1989
Adoption is a significant interference in family life requiring high justification; good enough parenting is the standard, not perfection.
Case law (implied)
Threshold criteria under section 31 of the Children Act 1989 must be met before care and placement orders can be made.
Children Act 1989
Parental consent to placement orders can be dispensed with if the child's welfare requires it.
Case law (implied)
Outcomes
Care and placement orders for adoption were made.
The court found that neither parent could provide safe and stable care for N within a reasonable timeframe. The ongoing relationship between the parents, the father's abusive behavior, and the mother's vulnerability and lack of transparency presented significant risks. Long-term foster care was deemed unacceptable due to lack of permanence. Adoption was deemed the only option to ensure N's safety and welfare.