England and Wales County Court (Family)

Neutral Citation Number: [2010] EWCC 52 (Fam)

Before:

MR RECORDER

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RE:  X (Minor)

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J U D G M E N T

(Approved)

1                    THE RECORDER:  In this case the local authority seek a Care Order and placement order in respect of a child, X, who was born on (date given).  The mother of this child is (name given).  She is represented by her solicitor today but mother is not present.  Mother has the assistance of the official solicitor and the official solicitor has filed a report in this matter indicating that they do not oppose, on mother’s behalf, the making of the orders sought by the local authority.

2                    The father of the child is (name given), he is not present in court and has not been involved in the case for some considerable time.

3                    The guardian in this matter has prepared a report for the court in which she accepts and supports that sadly the only orders that can be made in this case to the best interests of the child are a Care Order under section 31 of the Children Act 1989 and also a placement order.

4                    This case has a very sad history and I do not propose to rehearse it in this judgment save to say that the mother has a number of other children all of which, sadly, have been removed from her care, and it is absolutely clear on the material before me that sadly this mother would not be able to provide adequate care for this young child.

5                    Before I can make the order sought by the local authority, namely a Care Order pursuant to Section 31 of the Children Act 1989, I have to satisfy myself that the legal prerequisites for making such an order exist, and not only that but also that it is necessary in the welfare of this young child.  Section 31(2) of the Children Act 1989 says the following: “The court may only make a Care Order if it is satisfied that the child concerned is suffering or is likely to suffer significant harm and that harm or the likelihood of harm is attributable to the care given to the child or likely to be given to him if the order were not make not being what it would be reasonable to expect a parent to give him.”  I am satisfied way beyond the standard of the balance of probabilities that sadly in this case the threshold criteria is met.  It was met in relation to the other children and sadly it is met in relation to this young child, and so there is a legal framework and basis for making the order sought by the local authority namely a Care Order.

6                    But it does not end there.  I must satisfy myself that it is necessary in the best interests of this small child that such an order is made.  In order to do so I have to remind myself of section 1(1) of the Children Act 1989.  It says that when making all decisions relating to the upbringing of a child I must do so by placing the child’s welfare as my paramount consideration.  In addition I must also always have regard to the so-called welfare checklist to be found in section 1(3) of the Act.  I do not have to set that out with such experienced advocates but I make it absolutely clear that I have reminded myself and taken into consideration all of the factors found in subparagraphs (a) to (g) inclusive of section 1(3) of the Act.  I am drawn to the inescapable conclusion that the welfare of this child demands that a Care Order be made in favour of the local authority and he be placed in their care.  Sadly his mother and/or father would not be able to provide safe, adequate and proper care for him.

7                    A complicating factor in this case may well have been the need to consider other family members for it is clear that in law I should always place a child if not with its parents with extended family members who are capable of looking after that child properly.  At one stage it was thought that a relative of mother might be able to provide such care.  Sadly, and for reasons which are not entirely clear to me, she has not continued to put herself forward and therefore I find, if indeed I need to do so, that there are no extended family members who could provide sufficient care for this child.

8                    Matters do not end there because the local authority seek a placement order in relation to the child because they say that his future ought to be secured by an adoptive order.  I should say that of course I endorse the care plan which is for adoption in relation to this child.  There is no other course of action bearing in mind the circumstances of this case and bearing in mind his young age being just (age given).

9                    Before making a placement order of course I have to remind myself of another welfare checklist which I find in section 1(4) of the 2002 Act.  I do so and I am satisfied that looking at the factors that I must take into account, that a placement order is relevant and appropriate in this case.  It, like the Care Order as I made earlier, is proportionate in all of the circumstances that this young child finds himself in.  I formally dispense with the consent of the mother and the father to the making of the placement order, and so the orders that I make are Care Order in relation to this child to the local authority, I endorse their care plan of adoption, it is the only plan that one could follow in this case, and I make the placement order having dispensed with the consent of the mother and father to the making of such an order.

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