City of Doncaster Council v The Mother & Anor
[2023] EWFC 324 (B)
The Local Authority v A & Anor
22 April 2024
[2024] EWFC 137 (B)
Family Court
A baby's parents had serious problems with drugs and crime. The court decided the baby would be safer with adoptive parents, even though the mom wanted to keep him. The judge looked at all options and decided that adoption was the best and only way to protect the baby's future.
Key Facts
- •Seven-month-old child, C, subject of care and placement order application.
- •Mother opposes the application, seeking adjournment to prove ability to care for C.
- •Father does not oppose and is not in attendance.
- •Mother's engagement with professionals has been poor (2/8 parenting sessions, 18/71 contact sessions).
- •Parents have history of drug misuse, criminality, and involvement with organised crime.
- •Older sibling, E, is subject to care and placement orders.
- •Threshold for care order met due to significant harm risk stemming from parents' lifestyle.
- •Independent Social Worker (ISW) assessment negative, citing lack of skills, motivation, and engagement.
- •Local Authority and Children's Guardian recommend adoption.
- •Mother is 20 years old.
Legal Principles
Adoption can only be approved where it is in the child's lifelong best interests and where the severe interference with the right to respect for family life is necessary and proportionate.
Re D (A Child: Placement Order) [2022] EWCA Civ 896, referenced in ADA (Children: Care and Placement Orders) [2023] EWCA Civ 743
A judge determining an application for a placement order must carry out a rigorous analysis and deliver a reasoned judgment, comparing all realistic possibilities for the child's future.
N (Refusal of Placement Order) [2023] EWCA Civ 364
The phrase 'nothing else will do' is a useful distillation of the proportionality and necessity test, but only after a comprehensive welfare evaluation.
Re W (A Child) [2016] EWCA Civ 793, Re B (Care Proceedings: Appeal) [2013] UKSC 33
Adoption and fostering are not equivalent in terms of security and permanence.
V (Children) [2013] EWCA Civ 913
In adoption cases, the paramount consideration is the child's welfare throughout their life. The court must consider maintaining family ties unless the family is unfit and ensuring development in a safe environment.
Section 1, Adoption and Children Act 2002; YC v United Kingdom [2012] 2 FLR 332
Outcomes
Care and placement orders granted, leading to adoption.
The court found an overwhelming case for adoption, concluding that 'nothing else will do' due to the parents' ongoing issues with drug misuse, criminality, and lack of engagement with support services. The court considered all realistic options and found adoption to be in the child's best interests, providing permanence and safety.