England and Wales Magistrates' Court (Family)

X Local Authority

Applicant

and

Ms O

1^st Respondent

Mr G

2^nd Respondent

D (a child through her Children’s Guardian)

3^rd Respondent

Mrs M

for the

  Applicant

No Solicitor instructed

for the

 1^st  Respondent

No Solicitor instructed

for the

2^nd Respondent

Mrs B

for the

3^rd Respondent

These Facts and Reasons have been agreed by all parties save for the first and second respondents, who do not oppose nor consent to them, such Facts and Reasons being adopted by the Court and the Court is satisfied the proposed orders are appropriate in the circumstances of the case.

1.

This is an Application by X Council for a Care Order in respect of D who is 6 months old and if this Order is made, then to make a Placement Order in respect of the child.  The Local Authority is represented by Mrs M and the Children's Guardian, Mrs MD, is represented by Mrs B.

2.

The mother of D is Ms O  and the father is Mr G.  The parents are not married to each other but live together in temporary accommodation at.  The parents were personally served with the Notice of the Final Hearing of the Care Proceedings and the Application for the Placement Order as detailed in the Statement of a process server dated 4 May 2010 (B15-58 of the Bundle).  We have also been provided with two statements of service documents dated 4.6.10.  These documents confirm that the parents have been further served with documentation notifying them of today’s hearing and the nature of the applications before the court and also that final orders will be sought if they do not attend today’s hearing. 

3.

Neither parent has played any part in the Care Proceedings and has not been legally represented.  The mother has not had any contact with D since her birth.  Neither parent has responded to the letters sent to them by the Social Workers, as detailed in a Statement dated 20 April 2010 (B9-14 of the Bundle).

4.

This court waited until 11.00 am before commencing this hearing to give the parents an opportunity to attend.  We are satisfied on the evidence before us that they are aware of this hearing and the nature of the applications.  In the absence of them attending this morning we can only conclude that they have chosen not to attend as they have chosen not to engage with the court process throughout.

5.

We have read the documentary evidence filed and heard representations from the Local Authority and the solicitor for the Children's Guardian.  There is an extensive history in relation to Ms O's nine previous children.  There have been Care Proceedings in relation to all nine children - six are in foster care and subject to Care Orders and three have been adopted following Care Case and Placement/Freeing Orders being made.  The concerns related to domestic violence, drug abuse, physical, emotional and sexual abuse and failure to co-operate with outside agencies. 

6.

The Local Authority has filed a Schedule of Findings dated 17 December 2009 at pages 7-9 of the Bundle.  No response has been filed to this Schedule.

7.

On the basis of the evidence we are satisfied that D had suffered and was likely to suffer significant harm being attributable to the care given to her and likely to be given to her not being what it would be reasonable to expect a parent to give to a child in satisfaction of the threshold criteria pursuant to Section 31 of the Children Act 1989, as set out in the Schedule of Findings and we make the specific findings sought.

8.

We have considered the final analysis and recommendation of the Children's Guardian and we adopt the Welfare Checklist contained in her Report.

9.

The Court's range of powers in this case includes no Order, a Supervision Order and a Care Order.

10.

Considering the need for an Order, we must start from the point that the Court should not intervene in the life of children and families unless it is necessary to do so.  We must also have due regard for the Human Rights Act, in particular that Orders are necessary and proportionate to safeguard D's welfare.

11.

D's welfare demands that appropriate plans are made for her future at this time.  Given Ms O and Mr G's lack of involvement in these proceedings as well as failing to respond to communications from the Social Workers, we take the view that the Care Plan advocating the making of a Care Order is entirely the appropriate Order in the circumstances.  This is fully supported by the Children's Guardian.

12.

Accordingly we endorse the Local Authority's Care Plan dated 18 March 2010 (CP25-32 of the Bundle) and make a Care Order in respect of D.

13.

The Local Authority has also issued an Application for a Placement Order in respect of D and we are invited to dispense with the consent of the mother and father on the basis of the Statement of Facts dated 16 April 2010 (AA12 of the Bundle).

14.

We fully accept the reasons for dispensing with the consent of the parents as set out in the Statement of Facts.  We accept that there is no prospect of D being rehabilitated to the care of her parents within a reasonable timescale.  We also accept that there are no other family members who could care for her.  We note the plan is to place D with her sister, C.  In the circumstances we accept that D's welfare would best be served by her being adopted having regard to her mental, physical and emotional needs.  We also agree that it is appropriate to dispense with the consent of the parents.  Having done this we make a Placement Order in respect of D.  In reaching this decision we approve the Local Authority’s care plan for her which includes the arrangements for contact

15.

Heard before Lay Magistrates on the 7^th June 2010.