London Borough of Waltham Forest v The Mother & Anor
[2023] EWFC 320 (B)
O (A Child) (Care Proceedings: Evidence), Re
21 June 2024
[2024] EWFC 145 (B)
Family Court
A baby's mum has a history of bad relationships and isn't always honest. Even though she loves her baby, the judge decided it was safer for the baby to be adopted because of the risks the mum's choices pose. The judge made plans for the dad and mum to still see the baby.
Key Facts
- •10-month-old OP (O) was subject to an interim care order since October 2023.
- •O is the sixth child of LP (M), aged 28.
- •O's father is GC (F), aged 35, who was in prison during the hearing.
- •All of O's siblings were made subject to various orders placing them away from M's care on April 5, 2024.
- •The local authority sought care and placement orders for O, supported by the Children's Guardian.
- •M opposed the orders, initially seeking O's return to her care, later conceding to a supervision order and further assessment.
- •F initially opposed placement with M but later reluctantly supported her position.
- •The family has a history known to the local authority since 2017, involving domestic abuse, exposure to risky adults, and M's dishonesty with professionals.
- •M's parenting assessments were consistently negative.
- •M's relationship with Mr. G, who was released from prison and lived at her home, was a significant concern.
- •Threshold under s31 Children Act 1989 was accepted as met.
Legal Principles
Care orders can be made under s31 Children Act 1989 if the child is suffering or likely to suffer significant harm attributable to inadequate care.
Children Act 1989, s31
The court's paramount consideration is the child's welfare (s1 Children Act 1989).
Children Act 1989, s1
Care and placement orders are separate applications; a care order doesn't automatically lead to a placement order.
Adoption and Children Act 2002
Article 8 ECHR (right to family life) is engaged; care orders must be necessary and proportionate.
Article 8 ECHR
Care orders involving adoption are a last resort, only to be made when nothing else will do.
Re B [2013] EWCA 1146
Proper evidence is required in care cases, addressing all realistic options.
Re B-S [2013] EWCA 1146
If a placement order is made, parental consent can be dispensed with if the child's welfare requires it (s52(1)b Adoption and Children Act 2002).
Adoption and Children Act 2002, s52(1)b
Witness lies do not necessarily invalidate all their testimony.
R v Lucas [1981] QB 720
Outcomes
Care and placement orders were made for O.
M's consistent dishonesty, her pattern of forming relationships with risky individuals, and the lack of evidence that support would prevent future risks to O outweighed the benefits of remaining with his mother. The court found that the risk of harm to O outweighed the potential harms of adoption.
Parental consent to the placement order was dispensed with.
O's welfare requires it, given the findings in the care proceedings.
Specific contact arrangements were approved, including indirect contact with F while imprisoned, and weekly direct contact upon release until placement.
In the best interests of O's welfare
A declaration of parentage was made for F.
There was no opposition, and it was considered important for O’s future.