England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

Ms W

1^st Respondent

N a child through her children’s guardian

2^nd respondent

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The Local Authority, represented by Mrs M, is applying for a Final Care Order in respect of N who is under 2 years old. N’s mother is Ms W who is represented by Mrs A. Ms W has attended today but was distressed and left Court after speaking with her solicitor. She has conceded the agreed Threshold document and does not wish to contest the care and placement proceedings any longer but does not give her consent to the orders sought.

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Ms W has been unable to provide much information about the father other than he is called Mr J. His address is not known to Social Care, however, Ms W’s social worker, RB, spoke to him on 11.2.10 and made him aware of these proceedings.

We have read the Court bundle and the Guardian’s Final Analysis.

The reasons for the initial application are as set out in the document C13 completed by the LA, briefly that Ms W had failed to prioritise N’s needs above her own and potentially placed her at risk of significant harm.

Ms W was herself subject of a Care Order due to physical abuse from her step-father, Mr W and sexual abuse from within the family.

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Ms W underwent a pre and post birth assessment with a Family centre which recommended N was placed with Ms W in a supervised and supported setting, however, the placement was suspended twice due to safeguarding concerns and the matter was then brought to Court.

N was placed then with Ms W in a specialist foster placement where the carers assisted her in all aspects of caring for a child. The assessment was negative as again the assessment foster carer concluded that Ms W was unable to prioritise N’s needs and needed prompting to care for her appropriately. Ms W’s room at the placement was found to be in an unhygienic state with dirty nappies and rotting food left in it.

The assessment was terminated and N was found a foster placement where she remains to date and has settled well.

Unfortunately Ms W has not engaged with the Guardian in the preparation of his report nor in attending contact sessions regularly to see N.

Mr and Mrs W, N’s maternal grandparents, had wished to be considered as carers for her. N had previously been placed in their care prior to the assessment foster placement with her Mother. Mr and Mrs W also have two other children at home, C and D who are also subject to Care Orders.

Mr and Mrs W underwent a Family Network Carers Assessment by Ms R which acknowledged the significant progress they have made since their children were made subject to Care Orders in 2008. Social Care had been involved with the family due to concerns about sexual and physical abuse of the children by family members, domestic violence and the impact of Mr W’s drug use on the family. Ms R concluded that placing N with Mr and Mrs W would create additional pressure on the family and undo the progress they had made.

The Guardian also acknowledged the great progress Mr and Mrs W have made in the last two years in dealing with their issues but supports the conclusions reached in the FNC assessment and the LA Care Plan.

In any event, following a violent incident between Ms W, C and Mr W at the family home in late April, Mr and Mrs W have also decided not to contest the care and placement proceedings. They were concerned that they may not be able to protect N adequately should any further incidents arise, and that they needed to prioritise C and D’s interests. The application made by Ms Y to have their party status withdrawn was granted by us at the beginning of the hearing today. We thank them for their significant assistance during the proceedings.

N is currently placed with a foster carer and the LA seek a Care and Placement Order today. She has been approved as a child suitable for adoption and it is the LA’s intention to seek a suitable adoptive placement within 12 months of a Placement Order being granted. Appropriate plans are in place for the gradual reduction of contact between Ms W and N. Annual letterbox contact and photograph exchange will then be put in place. Annual letterbox contact will also be offered to Mr and Mrs W as they have played a significant part in N’s early life.

We have taken into account the Welfare Checklist; the Human Rights Act;  the parents and children’s rights to a family life and also the principle of least intervention, however, we are satisfied that a care order is necessary to ensure N’s safety and wellbeing.

We therefore make a Care Order.  

With regard to the Placement Order application, we have read the Annex B report together with the Statement of Facts in support of the application to dispense with the formal consent of Ms W to the Placement Order.

In considering the application for a Placement Order we need to be satisfied that the welfare of the child requires the making of such an order, and that we can only proceed to make such an order if we dispense with Ms W’s consent. Ms W is not in agreement with the plan for adoption but has chosen to not actively oppose it.

The paramount consideration must be N’s welfare throughout her life. We must also consider the Welfare Checklist set out in the Adoption and Children Act 2002 and it is addressed in the Guardian’s addendum report. We should be satisfied that N’s welfare dictates that a Placement Order should be made to safeguard her future care and for the same reason the consent of Ms W should be dispensed with.

In arriving at this decision we are aware that N will not be brought up in her birth family. Ms W has had ongoing contact with N but it is proposed this is reduced as per the Care Plan and Addendum Care Plan. Mr and Mrs W have decided after much consideration to withdraw from the proceedings. No other family members have been identified to look after N.

N needs to be given the opportunity of forming a secure attachment with her new adoptive carers. This process may well be hindered if there was ongoing direct contact with her birth family. We are satisfied that the indirect contact proposed in the Care Plan and Addendum Care Plan is appropriate.

Pursuant to Sec.52(1)(b) of the Adoption and Children Act we are satisfied that the welfare of the child does require the consent of Ms  W to be dispensed with. After considering the Bundle and the addendum report of the Guardian we consider it appropriate to dispense with the consent of Ms W and make a Placement Order in favour of X City Council in respect of N.