Unnamed Local Authority v S & Ors
[2023] EWFC 155 (B)
S (A Child) (Care and Placement), Re
5 July 2024
[2024] EWFC 211 (B)
Family Court
A judge decided a 2-year-old girl, Amy, should be adopted because her parents weren't able to care for her properly. Even though the parents wanted more time and help, the judge thought adoption was best to give Amy a safe and stable home. The judge considered all options but decided that adoption was the only way to make sure Amy has a good and lasting family life.
Key Facts
- •Amy, a 2-year-old, is the subject of care proceedings.
- •Hounslow Borough Council seeks a care order and placement order for adoption.
- •Amy's parents, Sally and Peter, disagree and request further assessments.
- •Concerns exist regarding domestic abuse by Peter towards Sally and Amy's care.
- •Peter has learning needs, and an intermediary assisted him during the hearing.
- •Sally has a history of mental health issues and self-harm.
- •Both parents have accepted they are not currently able to care for Amy.
Legal Principles
The paramount consideration is Amy's best interests throughout her life.
Section 1(4) Adoption and Children Act 2002
Careful consideration of all options, including adoption and long-term foster care.
CM v Blackburn With Darwen BC [2014] EWCA Civ 1479 & Re B-S (Children) [2013] EWCA Civ 1146
A care order can only be made if significant harm has been suffered or is likely to be suffered.
Section 31 Children Act 1989
The burden of proof lies on the person making the allegation.
R v Lucas [1981] QB 720; Re A. B & C [2021] EWCA Civ 451
The court does not expect perfect parenting but good enough parenting.
Adoption is a last resort and requires high justification.
A parent's learning needs do not automatically preclude them from caring for their child.
Re D (A Child) (No.3) [2016] EWFC 1; Re Guardian & A [2016] NI Fam 8
Further assessments should only be ordered if necessary for a fair hearing and to avoid undue delay.
Section 1(2) Children Act 1989
Outcomes
Applications for further assessments of both parents dismissed.
Insufficient grounds for optimism that further assessments would lead to a successful outcome, given the extensive support already provided and lack of engagement.
Care order and placement order for adoption made.
Adoption provides the necessary permanence and stability for Amy, outweighing the negative impacts of severing family ties. Long-term foster care deemed less suitable due to potential instability.