Sheffield City Council v The Mother & Ors
[2024] EWFC 265 (B)
Sheffield City Council v The Mother & Anor
22 October 2024
[2024] EWFC 298 (B)
Family Court
A baby girl's future was decided in court. Her mom used drugs and was dishonest, making it unsafe for the baby to live with her. Even though the mom wanted more time to get better, the judge ruled that the baby should be adopted because waiting longer would harm the baby. The judge carefully weighed all the evidence before making this tough but necessary decision.
Key Facts
- •Sheffield City Council sought a final care order and placement order for Annie (14 months old) with a plan for adoption.
- •Annie's mother, M, opposed the application, requesting a 12-week adjournment for therapeutic interventions.
- •Annie's father, F, did not participate in the proceedings.
- •The Children's Guardian initially hesitated but ultimately supported the local authority's application.
- •The court heard evidence from a psychologist, social worker, mother, and Children's Guardian.
- •The court considered evidence of the mother's cannabis and amphetamine use, dishonesty, and lack of stable support network.
- •The court assessed the mother's capacity for change and the risks to Annie's welfare.
- •The court considered the impact of delay on Annie's welfare.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, section 1(2)
Adoption is a last resort.
Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33
Least interventionist approach.
Re O (Care or Supervision Order) [1996] 2 FLR 755
Test for adjournment: evidence-based reason for commitment to change, ability to maintain commitment, and ability to make changes within the child's timescale.
Re S (A Child) [2014] EWCC B44 (Fam)
Balance between need for information and prejudice to child from delay.
S-L (Children: Adjournment) [2019] EWCA Civ 1571
Proportionality of adoption: consequences of harm, risk reduction, comparative evaluation, and necessity.
Re F (A Child) (Placement Order: Proportionality) [2018] EWCA Civ 2761
Interpretation of hair strand drug test results.
Re H (A Child: Hair Strand Testing) [2018] 1 FLR 762; Re D (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498
Burden of proof in care proceedings; standard of proof; evaluation of evidence.
A Local Authority v (1) A Mother (2) A Father (3) L & M (Children by their Children’s Guardian) [2013] EWHC 1569 (Fam)
Outcomes
Final care order and placement order made.
Mother's continued drug use, dishonesty, lack of stable support, and insufficient progress in therapy posed significant risks to Annie's welfare. Further delay would prejudice Annie's welfare. Adoption was deemed the necessary and proportionate course of action.
Mother's consent to placement order dispensed with.
Annie's welfare required it.