A (A Child): Contested Adoption and Local Authority Conduct, Re
[2024] EWFC 192 (B)
Sarah, Re
14 October 2024
[2024] EWFC 343 (B)
Family Court
A little girl's parents couldn't look after her properly, so the court decided she should be adopted. But the judge made sure she could still see her dad regularly, as it's very important for her. The mom's contact was limited due to concerns about her behaviour and well-being.
Key Facts
- •Sarah, a four-year-old girl, is the subject of a care and placement order application by a City Council.
- •Both parents oppose the application, while the children's guardian supports it.
- •Concerns arose regarding the mother's ability to care for Sarah, including leaving her alone for extended periods and questionable parenting practices.
- •The father resides in Africa and had limited contact with Sarah due to visa issues and the mother's initial claim that he was deceased.
- •Assessments of both parents revealed significant concerns about their ability to provide adequate care for Sarah.
- •The mother's psychological assessment revealed personality disorders and a lack of insight into the risks to Sarah.
- •The father's inability to travel to the UK due to a visa ban and the unsuitable conditions in his home country prevented him from being a viable caregiver.
- •The maternal and paternal grandparents were also considered but deemed unsuitable caregivers.
Legal Principles
The paramount consideration in child care proceedings is the child's welfare throughout their life.
Children Act 1989, Section 1
Adoption is a last resort, only considered when 'nothing else will do'.
Re B [2013] UKSC 33; Re P (a child) [2013] EWCA Civ 963; Re G (a child) [2013] EWCA Civ 965
Family ties may only be severed in very exceptional circumstances, and everything must be done to preserve personal relations.
Y v United Kingdom (2012) 55 EHRR 33
The court must scrutinize the care plan to ensure it meets the child's best interests, including contact arrangements.
Children Act 1989, Section 34(11); Adoption and Children Act 2002, Section 27(4)
The court may make a contact order on its own initiative to ensure ongoing contact with a parent.
Adoption and Children Act 2002, Section 26
Outcomes
Care and placement orders were granted.
Neither parent was deemed capable of providing adequate care for Sarah, and adoption was considered the best option to ensure her long-term welfare.
A Section 26 contact order was made for the father.
To ensure ongoing contact between Sarah and her father, recognizing the significance of their relationship and addressing the local authority's initial failure to properly consider post-adoption contact.
No contact order was made for the mother.
The risks associated with the mother's lack of insight, potential for harm, and dishonesty outweighed the potential benefits of direct contact.