City of Doncaster Council v The Mother & Anor
[2023] EWFC 324 (B)
Sheffield City Council v The Mother & Ors
20 September 2024
[2024] EWFC 265 (B)
Family Court
A baby's parents had problems with drugs, violence, and lying to social workers. Because of these problems, and because the parents couldn't show they'd changed, the judge decided the baby should be adopted. The judge wouldn't wait for the parents to get better because waiting would harm the baby.
Key Facts
- •Care proceedings concerning a baby girl, C, born in January 2024.
- •Sheffield City Council sought a final care order with a plan for adoption.
- •Parents opposed the application, seeking an adjournment to improve living conditions.
- •Children's Guardian supported the local authority's application.
- •Parents had a history of alcohol and drug abuse, domestic violence, and inconsistent engagement with social services.
- •Previous care proceedings involving the parents' older children resulted in special guardianship orders.
- •Assessments indicated insufficient change in parents' capacity to care for C safely.
- •No suitable alternative carers were identified.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, section 1(2)
Adoption is a last resort.
Re B (A Child) [2013] UKSC 33
Least interventionist approach should be adopted.
Children Act 1989, section 1(5) and section 1(3)(g); Adoption and Children Act 2002, section 1(6)
Court must dispense with parental consent for a placement order if child's welfare requires it.
Adoption and Children Act 2002, section 52(1)(b)
Burden of proof in care proceedings lies with the local authority (balance of probabilities).
A Local Authority v (1) A Mother (2) A Father (3) L & M [2013] EWHC 1569 (Fam)
Test for adjournment: Is there solid evidence-based reason to believe the parent is committed to, and able to maintain, necessary changes within the child's timetable?
Re S (A Child) [2014] EWCC B44 (Fam); S-L (Children: Adjournment) [2019] EWCA Civ 1571
Outcomes
Final care order granted.
Parents' inability to meet C's needs safely due to ongoing risks and insufficient change.
Placement order granted.
Adoption is in C's best interests; no other realistic option; parental consent dispensed with.