B (A Child), Re, Disengaged mother
[2024] EWFC 325 (B)
P (A Child), Re
22 August 2024
[2024] EWFC 316 (B)
Family Court
A baby girl's parents had serious problems with drugs and mental health. Despite help, they couldn't keep her safe, so the judge decided she should be adopted to give her a stable and loving home.
Key Facts
- •Care proceedings concerning a one-year-old girl, P, currently in foster care.
- •Significant delays in proceedings due to changes in care plans and the father's mental health deterioration.
- •Mother has a history of substance abuse, neglect, and mental health issues; previous care proceedings resulted in her children being placed with their fathers.
- •Father has a history of psychosis and drug use; his mental health significantly deteriorated during the proceedings.
- •Local authority and guardian recommend adoption for P due to safety concerns regarding both parents.
- •Parents breached a safety plan by secretly resuming contact and concealing it from social services.
- •Allegations of injuries to P by the mother, photographic evidence presented by the father.
- •Disputed factual matters include the extent of parental breaches, continued drug use by the mother, and the mother's avoidance of professionals.
- •Multiple drug tests indicated continued cocaine use by the mother after P's birth.
- •Father's application for a residential assessment was denied.
- •Father's mental health concerns included delusional beliefs and lack of insight into his illness.
Legal Principles
Welfare of the child is paramount in adoption cases.
Adoption and Children Act 2002, section 1(2)
Severing family ties requires exceptional circumstances and overriding welfare needs.
Re B (A Child) [2013] UKSC 33; Re B-S (Children) [2013] EWCA Civ 1146; Re R [2014] EWCA Civ 1625; Y v United Kingdom (2012) 55 EHRR 33
No presumption for a child to be raised by birth family; proportionality and ECHR Art 8 rights considered.
Re W (A Child) [2016] EWCA Civ 793
Local authority must identify practicable services to make placement options work.
Re W (A Child) [2013] EWCA Civ 1227
A lie by a witness does not automatically invalidate all their testimony.
Assessments for alternative care must be evidence-based and consider the child's timescale.
Re S [2014] EWCC B44
Section 38(6) Children Act 1989 assessments must be of the child and necessary for just resolution.
Children Act 1989, section 38(6)
Outcomes
Care and Placement Orders granted to Brighton and Hove City Council; parental consent dispensed with for a Placement Order.
Both parents unable to meet P's needs due to ongoing substance abuse, mental health issues, dishonesty, and inability to prioritize P's safety and welfare. Adoption deemed the only option to ensure P's safety, security, and stability.