Sarah, Re
[2024] EWFC 343 (B)
O (A Child) (Care and Placement Orders), Re
24 January 2024
[2024] EWFC 9 (B)
Family Court
Oliver's parents, Peter and Sarah, have problems that make it hard for them to care for him properly. After a lot of consideration, a judge decided that the best thing for Oliver is for him to be adopted by a new family so he will be safe and have a stable home. The judge also made provisions for Oliver to maintain some contact with his birth family.
Key Facts
- •Oliver, born in 2023, is the child of Peter and Sarah, both assessed as learning disabled.
- •Sarah has a history of mental health challenges and volatile relationships, with previous children placed for adoption.
- •The parents initially lived in a residential unit, but separated, leading to concerns about their ability to care for Oliver.
- •Peter's care of Oliver deteriorated after the separation, raising significant concerns.
- •The local authority seeks a placement order for Oliver's adoption.
- •Sarah requests an adjournment and residential unit assessment; Peter opposes this and seeks a supervision order.
Legal Principles
Paramount consideration of the child's welfare.
Section 1(1) Children Act 1989
Legal threshold for making care orders: significant harm attributable to the care likely to be given.
Section 31 Children Act 1989
Proportionality: any order must be a proper and balanced response to the circumstances, necessary and reasonable.
F (A Child: Placement Order: Proportionality) [2018]EWCA Civ 2761 and Re K (Children: Placement Orders) [2020] EWCA Civ 1503
Support for parents with learning difficulties to enable a child to remain in their care.
H (Parents with Learning Difficulties: Risk of Harm ) [2023] EWCA Civ 59
Placement orders can only be made against parental wishes if the child's welfare requires it.
Outcomes
Sarah's application for a residential assessment refused.
Evidence does not justify it; not necessary, outside Oliver's timescales, and has limited prospects of success. Sarah's history and inability to provide sole care are key factors.
Placement with Peter not supported.
Likely harm due to Peter's inability to consistently prioritize Oliver's needs over his own, leading to neglect and requiring extensive professional intervention. Proposed support network insufficient.
Care and placement order made for adoption.
Only option to meet Oliver's welfare needs and provide permanence, given the significant risks of harm in other options. Proportionate response to the identified risks.
Contact between Oliver and his parents allowed, with details to be determined by the adoptive family.
To maintain Oliver’s connection to his life story and family, while acknowledging that the parents are not oppositional and the applicant will promote contact.