England and Wales County Court (Family)

IN THE MANCHESTER COUNTY COURT

		Civil Justice Centre 1 Bridge Street West Manchester M60 9DJ
		8th April 2014

JUDGMENT
1. THE JUDGE: I am concerned today with A, who was born on 15^th January 2014. His mother is B. His father is believed to be C.
2. The Local Authority's key social worker is D and A's Cafcass guardian is E.
3. There are two applications before the court: the Local Authority's application for a care order dated 30^th January 2014 and, as their plan is that A be placed for adoption, an accompanying placement order application dated 28^th March 2014.
4. Neither of the parents are present in court. The mother, I am pleased to say, has proved cooperative with Ms F who represents her and has attended appointments. I hope I can understand why she has not been able to bring herself to come to court. Her position is that she would very much like to care for A herself, but recognises that the court is unlikely to view that as a realistic option and does not actively oppose these applications.
5. C does not have parental responsibility. He has, nevertheless, been given notice of these proceedings. He has played no part within them and has declined to speak to social workers.
6. This is a tragic situation. A is the mother's seventh child. The names of her other children are G, H, J, K, L and M, all of whom have been the subject of proceedings before me. All have been placed for adoption except L, who has been placed with a paternal aunt, N. Given the mother's position, I would not propose to dwell upon the circumstances which have necessitated their removal from her care. She has a long history of significant mental illness, as has the father. There have been a series of very alarming and worrying events in the lives of the older children.
7. Thus it was, when the mother fell pregnant with A, the Local Authority conducted a pre-birth assessment, which concluded negatively. The familiar anxieties remained; the nature of the parents' relationship, mental health concerns and the mother's lack of any stable accommodation. Following the institution of proceedings, the Local Authority has concluded a social work assessment of the mother, which is dated 27^th March 2014 and I also have the assistance of a detailed report from E, dated 31^st March 2014.
8. In contrast to the position in some of the previous sets of proceedings, the mother has done her very best to cooperate with those assessments and has attended contact on a regular basis. That is much to her credit. Nevertheless, the conclusion of all of the professionals involved is that there is simply no basis whatsoever upon which I could consider placing A in the care of either of his parents. The mother briefly put forward the friend with whom she is living, O, as a prospective carer for A but, sadly, that has come to nought.
9. In all of those circumstances, firstly, I am satisfied that the threshold criteria at section 31 of the Children Act are established. I adopt the schedule of proposed findings prepared by the Local Authority which is found at A9 of the bundle with the addition to paragraph 4 that mother did not, in fact, appreciate that she was pregnant with either L or M.
10. I am satisfied that the Local Authority's care plan for A, namely that he be adopted, is the best plan that can be achieved in all of the circumstances and I approve it.
11. Bearing in mind the criteria set out in the welfare checklist at section 1(3) of the Children Act, I am satisfied that A's welfare requires me to make a care order.
12. In terms of the Local Authority's application for a placement order, it is trite law that I must be satisfied that any orders I make are a lawful, necessary, proportionate and reasonable response to A's sad predicament. The granting of a placement order represents the most drastic curtailment of the right of these parents and of A under Article 8 of the European Convention on Human Rights and Fundamental Freedoms which can only be justified by pressing concerns for his welfare. However, in construing both the Convention and domestic law, I now have the assistance of the decision of the Supreme Court in Re B (A Child) [2013] UKSC 33 followed by the decisions of the Court of Appeal in Re P [2013] EWCA 963 and Re G [2013] EWCA 965. Those cases firmly reemphasise that a placement for adoption is a "very extreme thing" and "a last resort to be approved only when nothing else will do". Both domestic and Convention law do require a high degree of justification before adoption can be endorsed as "necessary", the term in the Convention or "required", the term in the Adoption and Children Act.
13. I am grateful to both D and E, who have analysed the various competing options for A's future, weighing the pros and cons in their respective reports to the court. Essentially, I adopt their reasoning.
14. Having reminded myself of the principles in the authorities I have set out, I have come to the inevitable conclusion that there really is "nothing else that will do" for A. There is sadly, no sensible alternative available to the court. A is still only just over 3 months old. Realistically, he cannot at any stage during his minority return to the care of either of his parents. He needs and deserves a stable, secure and permanent family of his own. In those circumstances and applying the welfare checklist at section 1(4) of the Adoption and Children Act 2002, I am satisfied that the making of a placement order is the only realistic course open to this court which accords with A's welfare throughout his life.
15. Indeed, the position really is so clear that A's welfare requires me to dispense with the consent of his mother to the making of a placement order insofar as she is actually opposing the application.
16. I make a placement order.
17. I approve the Local Authority's care plans in terms of the reduction in contact. I am aware that M's adopters are being assessed as prospective adopters also for A. If that assessment is successful, as I anticipate it will be, A will be matched and placed within the next six weeks or so. I do hope that the mother may be given the opportunity to participate in life story work, to meet the prospective adopters and to play such part as she can in her child's future in terms of indirect contact.
18. I note that the mother has been receiving counselling and, again, I view that as a very positive step forward. Given the tragedy which the repeated removal of her children represents for her, I sincerely hope that she can be referred to some appropriate supportive organisation to help her to address the issues which will inevitably arise.
19. I will direct a transcript of this short and inadequate judgment. I hope that if A should at any stage in later life enquire into the circumstances in which he came to be adopted, he will appreciate that his parents' difficulties were not of their own making and that, certainly, his mother loved him very much. I quote from the report of the guardian:

"There is no doubt [B] loves [A] and that she has consistently attended contact with him. She is very affectionate towards him."

The report also records her cooperation, painful as it must be, with life story work. I know how desperately the mother would have wished to care for A and it is extremely sad that her own personal difficulties make that impossible.

20. I give leave for the disclosure of any relevant documentation in these proceedings to any prospective adopters. I will reserve the adoption application to myself unless, geographically, that is impracticable for prospective adopters.
21. I make all the usual orders as to the assessment of costs
22. D, thank you for your efforts. It is to the great credit of the Local Authority that we have managed to reach this position when A is still only 3 months of age. The best possible alternative for his future, that he be placed with prospective adopters is likely to be all the more successful the sooner he is placed. E, I am also grateful to you for your reports. I appreciate that everybody has "jumped through hoops" in this case.
23. Ms F, I know that nothing much I can say will help the mother but I do feel for her. I am sorry that, once again, she has not felt able to come to court but no doubt you will convey to her my best wishes and my hopes for a better future.
[Judgment ends]