S (A Child) (Care and Placement), Re
[2024] EWFC 211 (B)
Unnamed Local Authority v S & Ors
14 September 2023
[2023] EWFC 155 (B)
Family Court
A little girl has been in foster care for a long time because her parents have problems. The judge decided the best thing for her is to be adopted into a new family because it's too dangerous for her to go home. This happened despite delays in the court case and the parents not wanting their child to be adopted.
Key Facts
- •Unnamed Local Authority applied for Care and Placement Orders for 2-year-old R.
- •R has been in foster care for over two years due to delays in proceedings.
- •The Local Authority's plan is for R to be adopted, opposed by the parents.
- •The mother, S, has a history of domestic abuse and dishonesty.
- •The father, K, pleaded guilty to arson attack on the mother's car, endangering R.
- •Significant delays were caused by assessment of the father's proposed carers, who did not engage adequately.
- •The mother's current partner, Mr. A, remains unassessed.
Legal Principles
Care order is a last resort; adoption against parents' wishes is a last resort.
Re B (Care Proceedings: Appeal) [2013] UKSC 13
Paramount consideration is the child's welfare throughout their life.
Section 1(3) Children Act 1989, Section 1(4) Adoption and Children Act 2002
Placement order requires parental consent or welfare requiring consent to be dispensed with.
Adoption and Children Act 2002
Court must consider all realistic options and provide a reasoned judgment.
Re B-S [2013] EWCA Civ 1146
Article 8 ECHR rights must be considered; interference must be necessary and proportionate.
Article 8 European Convention on Human Rights
Outcomes
Care order granted to Unnamed Local Authority.
Threshold criteria under s.31 Children Act 1989 met due to significant harm and likelihood of significant harm to R because of parental issues.
Placement order granted, dispensing with parental consent.
Adoption is the only realistic option to ensure R's safety and well-being. Other options presented unacceptable risks.