Key Facts
- •Three children (C1, C2, C3) are involved; C1 is 10, C2 is 4, and C3 is 3.
- •The mother (M) and father of C2 and C3 (F1) are both imprisoned; F1 for life (murder), M for manslaughter.
- •Father of C1 (F2) is seeking a Prohibited Steps Order (PSO) to prevent M from removing C1.
- •M is seeking contact with C1.
- •The Local Authority (LA) is seeking placement orders for C2 and C3.
- •There is a history of domestic abuse by F1 towards M, witnessed by C1.
- •The murder of V1 (wife of F1's cousin) involved M encouraging F1 to violence.
- •Various relatives and friends have been considered as potential carers for C2 and C3 but were deemed unsuitable.
- •C1 is currently living with F2 and doing well.
Legal Principles
The child's welfare is the paramount consideration.
Children Act 1989, s.1; Adoption and Children Act 2002, s.1(2)
Consent to adoption can be dispensed with if the child's welfare requires it.
Adoption and Children Act 2002, s.52(1)(b)
The test for severing the parent-child relationship is strict; 'nothing else will do'.
Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33
All realistic options must be considered.
Re B-S (Adoption: Application of s.47(5)) [2013] EWCA Civ. 1146
Lies must be assessed for their impact on the child's welfare.
Re K (Children: Placement Orders) [2020] EWCA (Civ) 1503
Article 8 ECHR rights (family life) must be considered, with child's rights prevailing.
Yusuf v The Netherlands
Outcomes
Placement orders granted for C2 and C3.
No other realistic option met their needs for stability and a loving home within a reasonable timeframe. Long-term foster care was deemed unsuitable due to inherent instability and lack of guarantee for sibling contact.
PSO granted to prevent M from removing C1.
To protect C1's stability and security.
s.91(14) order granted.
To filter future applications by M regarding contact with C1.
No contact order for C1 with M at this stage.
To protect C1's stability and consider F2's concerns about prison visits, although future contact outside prison may be considered.
C1's contact with M will be severely restricted if C2 and C3 are adopted.
To maximize the chance of prospective adopters accepting sibling contact.