England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

A

1^st Respondent

B

2^nd Respondent

(a child)

3^rd Respondent

Mrs X

for the

  Applicant

Miss Y

for the

 1st Respondent

Mr Z

for the

2^nd Respondent

Mr W

for the

3^rd Respondent

1.

We have heard an application that C be made the subject of a Care Order and a Placement Order.   C was born on the 12 March 2010, his mother is A.   C’s father is B.

2.

The concerns of the Local Authority are set out in the bundle and are centred on mother’s history of child care and misuse of drugs and alcohol.   The parent’s relationship has a history of domestic violence.   The mother’s previous children have been subjects of care proceedings at G Family Proceedings Court.   Findings made in those proceedings are that the children had suffered neglect, one child had suffered physical harm and that the children were at risk of suffering emotional harm, physical harm and neglect.   The concerns of the Local Authority were the parents’ chaotic lifestyle, drug use and that mother was working as a prostitute.   There was also concerns’ regarding their father’s mental health and drug use.

3.

A pre birth assessment started in the current proceedings but could not be completed due to the parents’ lack of engagement.

4.

A viability assessment was undertaken by social workers (C1 – C19 of the bundle).   The parents indicated that they had changed their lifestyle since the previous proceedings.   The assessment concludes that C would be at risk of significant harm if placed with his parents.

5.

Neither parent has attended today, their solicitors have attended but have been without instructions for some time, despite letters and telephone calls.   The last contact the parents had with their solicitors was on 7 June 2010 when they attended court.   The last contact the parents had with C was on 25 April 2010.   We are satisfied that the parents are aware of today’s hearing and have chosen not to attend, accordingly we proceed in their absence.

6.

The Guardian supports the making of a Care Order and Placement Order.

7.

We are satisfied that the threshold criteria are met as set out in the Schedule of Findings (11 – 14 of the bundle).

8.

We have considered the welfare checklist and adopt paragraphs 5 to 5.9 of the Children’s Guardian’s report (C20 – 29 of the bundle)

9.

We start from the point that we should not intervene in the life of children and families unless it is necessary to do so. The less-interventionist approach applies, not only as to whether an order is necessary, but also to the choice of order. We are satisfied that the evidence produced at this hearing is sufficient for us to find that the order sought here is necessary to safeguard the child’s welfare.

10.

We are satisfied that the evidence produced at this hearing is sufficient for us to find that the order sought here is necessary to safeguard C’s welfare.  We find that only a Care Order would promote C’s welfare, therefore we make a Care Order for C.

11.

We now consider the placement application. As C is 6 months old he requires a permanent, stable and loving home where all his needs can be met throughout his childhood and into adolescence. In our judgment this can only be achieved through adoption. C was considered by the council’s Adoption Panel as suitable for adoption. C has been in foster care since birth and needs to be placed with permanent carers.   The sooner this change of placement occurs, the easier it will be for him to begin to form new attachments.

12.

His parents do not consent to a placement order being made and we can only proceed to make such an order if we dispense with their consent which we are asked to do on the grounds that C’s welfare requires that parental agreement be dispensed with. This, of course, mirrors the test which we must apply in considering the application generally, namely that the paramount consideration must be C’s welfare. 

13.

For the reasons we have already given, and applying the welfare checklist set out in the Adoption and Children Act 2002, we are satisfied that C’s welfare dictates that a placement order should be made so as to safeguard his future care, and that for the same reasons the consent of his parents should be dispensed with.

14.

In arriving at this decision we are aware that C will not be brought up in his birth family and will have only limited contact with his birth parents through the council’s letter box scheme, once a year, but we are satisfied that these arrangements are the best that can be made in the circumstances and will help meet C’s need for information about his biological family as he grows older.

15.

We therefore dispense with the consent of A and B and make a placement order in respect of C. In doing, so we approve the care plan.

16.

The court has had regard to Article 8 and has undertaken a balancing act of all the parties’ rights under the Act.  We have paid due regard to the interests safeguarded by the Human Rights Act and we are satisfied on reviewing all the information that the measures of interference are fair and proportionate.