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The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved
Neutral Citation Number: [2010] EWMC 3 (FPC)
In the Magistrates’ Court
Family Proceedings Court
Before:
Lay Magistrates
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Between:
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X Local Authority |
Applicant |
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and |
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Ms W |
1st Respondent |
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S a child through her Children’s Guardian |
2nd Respondent |
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Re S
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Ms A for the Applicant
Ms P for the 1st Respondent
Ms B for the 2nd Respondent
Hearing dates: 18.1.10
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Justices’ Reasons
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These Facts and Reasons have been agreed by all parties save for the first respondent, who does 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.
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1. |
We are considering applications by X Council for a Care Order and a Placement Order in respect of a child S who is 11 Months old. S has two siblings EB, who resides with her paternal grandparents and PH who resides with her maternal grandparents. |
2. |
S’s mother is Ms W who has not attended court today but is represented by Ms P. Ms W has given her solicitor full instructions in respect of these applications. Ms W does not consent to the applications today but nor does she actively oppose them or seek to challenge the evidence before us. Ms W is realistic as to which orders are likely to be made and has chosen not to attend this hearing today. |
3. |
Mr T was granted party status at an early hearing in order to facilitate DNA testing to seek to establish paternity in respect of M. The DNA test results excluded Mr T from paternity and at a hearing on the 11.1.10 his party status was revoked. Other than participating in DNA testing Mr T has not engaged in the court process and has not sought to involve himself in S’s life. There is no further information available to the Local Authority to identify S’s father. |
4. |
S herself is represented through the Children’s Guardian Ms M who has filed a final analysis and recommendations report and who now supports the Local Authority’s applications. |
5. |
We have considered all the documents filed in this case including the recent addendum care plan and listened to the parties’ representations. This matter is now presented to us on an unopposed basis with none of the evidence filed being challenged. |
6 |
Findings of the court regarding statutory/threshold criteria
We are satisfied that the findings sought by X Council at pages 10-11 of the bundle are made out from the evidence filed. We are satisfied that S is suffering or is likely to suffer significant harm and that the harm or likelihood of harm is attributable to the care given to the child or likely to be given to her if the order was not made, not being what it would be reasonable to expect a parent to give.
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7. |
Welfare Checklist s 1(3) Children Act 1989
Ascertainable wishes and feelings of the child (considered in the light of the child’s age and understanding):
S is happy and settled in her current foster placement.
The child’s physical, emotional and educational needs are being met by the foster carer.
The likely effect on the child of any change in circumstances:
S will remain with the foster carer until a decision is made about where she is placed for adoption.
Child’s age, sex, background and any characteristics that the court considers relevant:
There is a possibility that S may be affected by Foetal Alcohol Syndrome as she is growing up.
Any harm the child has suffered or at risk of suffering:
Neglect whilst in the care of her mother.
How capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the children’s needs:
Ms W has been given the opportunity to engage in the assessment process and demonstrate that she has the capacity to offer safe care for S. Unfortunately she has been unable to do so.
The range of powers available to the court:
No Order Supervision Order Care Order
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8. |
We have had due regard to the Human Rights Act. In particular to Article 8 and the right to respect for private and family life. We are satisfied that the evidence produced at this hearing is sufficient for us to find that a care order is necessary and proportionate to safeguard S’s welfare.
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9. |
Accordingly we grant a Care Order in respect of S in favour of X Council.
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10. |
We must now consider the placement application. As S is only 11 Months old she requires a permanent stable and loving home where all her needs can be met throughout her childhood and into adolescence. In our judgement this can only be achieved through adoption. S has already been considered by the council’s adoption panel as suitable for adoption and the council have informed us that there are a number of potential families with whom she could be matched. S has already formed attachments to her current foster carers but it is believed that these can be transferred to her new carers. We note that the Local Authority may carry out an assessment of the foster carers to determine their suitability as adoptive parents and this is dependant upon the outcome of a meeting between Mr and Mrs B, the social worker and adoption officer in February 2010. The sooner a permanent placement is identified the easier it will be for S to begin to form new attachments. Ms W does not consent to the placement order being made and we can only proceed to make such an order if we dispense with her consent, which we are asked to do on the grounds that S’s welfare requires the 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 S’s welfare throughout her life.
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11 |
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 S’s welfare dictates that a placement order should be made so as to safeguard her future care and that for the same reasons the consent of Ms W should be dispensed with. In arriving at this decision we are aware that S will not be brought up in her birth family. The addendum care plan outlines the proposed contact arrangements. It is not proposed that direct contact will take place between S and her mother once she is in a permanent placement. Future contact will be promoted through the Council’s letter-box scheme. We are satisfied that these are the best arrangements that can be made in the circumstances and will help meet S’s needs for information about her biological family as she grows older. In respect of sibling contact, we note that future direct contact will be promoted, provided this does not undermine S’s permanent adoptive placement, in which case contact would need to be indirect. |
12. |
We therefore dispense with the consent of Ms W and make a Placement Order in favour of X Council in respect of S.
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