City of Doncaster Council v The Mother & Anor
[2023] EWFC 324 (B)
Vale of Glamorgan Council v M & Anor
29 February 2024
[2024] EWFC 84 (B)
Family Court
A baby's mother struggled with drug use and violence. Even with help, she couldn't safely care for her child. The court decided the best thing for the baby was to be adopted by a new family to provide a safe and stable home.
Key Facts
- •Care proceedings for 8-month-old D, daughter of M.
- •M has a history of substance abuse, criminality, and domestic violence.
- •D was born prematurely and experienced withdrawal symptoms.
- •M initially engaged well with the Family Drug and Alcohol Court (FDAC) pilot, but later relapsed.
- •M disengaged from D and support services.
- •D's father, FC, also has a history of substance abuse and criminality and is incarcerated.
- •Local Authority seeks care and placement orders for adoption.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, section 1(1)
Adoption against parents' wishes is a last resort, only in exceptional circumstances.
Re B (Care Proceedings: Appeal) [2013] UKSC 13; Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146; Re G (A Child) (Care Proceedings: Welfare Evaluation) [2013] EWCA Civ 965
Court must consider all realistic options and undertake a global, holistic evaluation.
Re B (Care Proceedings: Appeal) [2013] UKSC 13; Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146; Re G (A Child) (Care Proceedings: Welfare Evaluation) [2013] EWCA Civ 965
Extensions to proceedings are not granted routinely and require specific justification.
Children Act 1989, section 32; Re S (Parenting Assessment) (2014) 2 FLR 575
Article 8 ECHR rights to family life are engaged, requiring necessity and proportionality for interference.
European Convention on Human Rights, Article 8
Outcomes
Care order and placement order for adoption.
M's continued substance abuse and inability to provide safe care for D; D's need for permanence and stability.
Dispensation with parental consent for placement order.
D's welfare requires it given the risks and need for a permanent placement without delay.