England and Wales Magistrates' Court (Family)

       X Council    

Applicant

and

Ms J    

1^st Respondent

                           Mr B

2^nd Respondent

S a child through her Children’s Guardian

Ms T

3^rd Respondent

1.

This is the Local Authority’s (LA) application for a care and placement order in respect of B aged 16 months, which is supported by the Children’s Guardian.

2.

S is the daughter of Ms J and Mr B, who has parental responsibility as he is named on the birth certificate.

3.

Ms J has not attended and her solicitor is without instructions. However we are satisfied that she is aware of the hearing. The social worker visited her at her home on the 18-2-10 and fully discussed and explained the purpose of the hearing. This included the application for a placement order. Ms J indicated that she was not in a position to oppose the care and placement application and that S was best placed with Mr and Mrs I along with her two half siblings. We also heard that Ms H had sent a copy of the statement of facts to Ms J by post as it was unclear if the court had sent a copy. We are satisfied that we can proceed on this basis.

4.

Mr B applied for an adjournment so he could have more time to prepare his case. However he has had since the 8-1-10 to respond, when his solicitors sent him the care plan. We do not feel it is appropriate to grant a further adjournment when all the evidence could be heard.

5.

Mr B opposes any reduction in contact. Ideally he would like direct contact at least once a month. Mr B also opposes any adoption. It was not clear from his evidence whether or not he opposed the placement application.

6.

Ms J cannot actively oppose the applications before us, given that she is not in attendance and her solicitor is without instructions.

7.

Ms J has two older children who were removed from Ms J’s care due to concerns about her drug and alcohol misuse, chaotic lifestyle and domestic violence between her and her previous partner. R and D were made the subject of Care Orders and placed in the care of the paternal aunt and uncle, Mr and Mrs I, who were granted a Residence Order in 2003.

8.

When S was born she was transferred immediately to the neo natal unit as she showed signs of drug withdrawal. Ms J was known to have misused heroin during her pregnancy. A pre birth assessment (C1-7) identified significant concerns regarding Ms J’s lifestyle which involved misuse of drink and drugs.

9.

On discharge from hospital S was placed with foster carers and Ms J had contact 3 times per week until June 2009 when her attendance and conduct became erratic. Contact ceased completely on the 9-6-09. Mr B currently has contact once a fortnight. S was placed with Mr and Mrs I on the 30-10-09 where she has remained to date. Mr and Mrs I have expressed a wish to adopt S.

10.

A drug and alcohol parenting risk assessment was undertaken by Mr K on Ms J. The assessment was not positive (see C15-C38).

11.

A psychologist also undertook an assessment of Ms J (see C39-66). The psychologist indicated that although Ms J had managed to maintain periods of abstinence and relative stability this had not been sustained and she remains vulnerable to lapses in the future.

12.

In respect of Mr B, no formal assessments have been carried out on him. This is because the Local Authority’s ongoing social work assessment of him and his circumstances led them to conclude that he had not made sufficient changes in his lifestyle to warrant a more in depth assessment.

13.

Mr B was advised to make an application for an independent assessment in April 2009 and again in July 2009 by the social worker. (see B22-24, B41).

14.

His application for an independent assessment was made on the 23-9-09 and a hearing scheduled for a hearing in November 2009. On that date he withdrew his application but applied for increased contact. A further hearing took place on the 15-12-09 when he reinstated his application for an independent assessment as well as contact. Both applications were dismissed. The court concluded it had sufficient information and evidence before it to allow it to reach a conclusion in this matter. (see 48-50)

15.

Mr B’s evidence is filed at page 33-37 and B47-51 of the bundle. However he has not filed a response to the Local Authority care plan sent to him on the 8-1-10.

16.

Assessment of the witnesses

17.

Ms P, Social Worker

18.

Evidence filed at B10-28,B39-46, CP5-20

19.

She opposes direct contact between Mr B and S. She said contact was not in S’s best interests as she needs to be secure and free of anxiety.

20.

She confirmed Mr and Mrs I would prefer annual indirect contact. Once S is adopted the Local Authority will have no further role to play and facilitating the contact would be their responsibility.

21.

Ms P felt that contact benefited Mr B rather than S but accepted that Mr B had shown commitment in attending contact although she stressed this was in a supervised setting.

22.

Ms P also stated that on the 23-12-09 contact had to be cancelled as he was intoxicated. She would have concerns over how he would cope with a further reduction in contact as Mr B had said to her the recent reduction had led to him drinking again.

23.

Ms P was fair and balanced in her evidence and we share her concerns over continuing contact between S and her father.

24.

Mr B

25.

He asks the court to make an order for direct contact if the court grants a care and placement order. He was happy for S to remain living with Mr and Mrs I and acknowledged he was unable to care for her himself. He did not believe annual letterbox contact was enough and that S should have contact with him as she grows up and should know who her father is.

26.

Mr B also expressed some concern that Ms J would be able to have contact with S when visiting her older children, although we note that Ms J has not seen S since June 2009.

27.

He accepted there had been many occasions when the police had been called to arguments between himself and Ms J but that not all the callouts were warranted.

28.

He agreed there was one occasion when he hit Ms J and that he served a prison sentence for this.

29.

He confirmed he was subject to a supervision order and an ASBO and that he served a period of curfew for breaching the order this year.

30.

At the December hearing, Mr B indicated he had secured a tenancy but it transpires this tenancy is not in his name.

31.

He struggled to accept the finality of S ultimately being adopted and the practicalities and inherent difficulties of contact continuing in those circumstances.

32.

We accept that Mr B loves his daughter but are concerned that he has little insight into S’s long term needs. He is unrealistic about his ability to care for her in the future.

33.

Ms T, Children’s Guardian

34.

Evidence filed at page 46-47, C7a-h, C72-92

35.

Ms T supports the LA applications for a care and placement order. She is opposed to any order for contact between S and Mr B.

36.

If S is to be adopted then she must develop attachments to her new family and settle into their routines. She must develop a secure and unchallenged relationship with her new carers which direct contact with Mr B would undermine.

37.

Ms T was concerned with Mr B’s untreated problems of drug and alcohol abuse and the impact that this would have on direct contact with a small child.

38.

She acknowledged that S was pleased to see Mr B because she recognised him as a familiar face and not as her biological father as she has no concept of blood ties at her age.

39.

S will grow up knowing she is adopted and that annual indirect contact was therefore appropriate.

40.

Ms T was clear in her recommendations; she was also the Guardian in the previous proceedings with S’s half siblings. 

41.

The Local Authority’s schedule of findings are filed at pages 22-25 of the bundle.

42.

Ms J’s response is filed at B28-32 of the bundle. She accepts paragraphs 1,2,3,6,813,15 and 16 albeit some with explanation.

43.

Mr B response is filed at B47-51. Mr B accepts paragraphs 8 and 16. He has not presented any evidence today to challenge the other findings sought, except that he does not think all the police call outs were warranted.

44.

Ms J has not attended and has not provided her solicitor with instructions or evidence to oppose the findings which she disputes.

45.

We are satisfied on the evidence before us that the findings sought by the Local Authority are made out. We have had particular regard to the statement of the previous social worker Ms R (B1-5), the chronology at 1-16, pre birth assessment C1-7, D1-123 (police recordings and both parents’ criminal records) and the bundle of documents from the previous proceedings.

46.

Findings of the court regarding statutory/threshold criteria

47.

On the evidence heard and documentation 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 her 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.

48.

Welfare checklist (s1(3) Children Act 1989)

49.

The court adopts paragraphs 30-43 in the report of the Children’s Guardian dated the 16-2-10 in relation to the welfare checklist (C89-91). In addition we wish to add the following points in respect of the issue of direct contact between S and Mr B.

50.

The child’s physical, emotional and educational needs:

51.

We endorse the Local Authority and Guardians view that direct contact whether weekly or annually would not be in S’s best interests if the court approves the Local Authority care plan.

52.

The likely effect on the child of any change in circumstances:

53.

We agree with the Local Authority and Children’s Guardian that indirect contact will not have a detrimental effect on S. We acknowledge that she is happy at contact with Mr B, but we do note the comments from Ms P that she has started to become upset when travelling to and from contact.

54.

The range of powers available to the court:

55.

No order

56.

Supervision Order

57.

Care Order

58.

We have had regard to Article 6 and 8 of the Human Rights Act. With regard to Article 8 and the right to respect for private and family life, we must be satisfied that the evidence produced at this hearing is sufficient for us to find that the orders are necessary and proportionate to safeguard S’s welfare.

59.

In our view S’s welfare can only secured by the making of an order

60.

Having considered all the evidence we endorse the views expressed by the Local Authority and the Children’s Guardian and accordingly approve the Local Authority care plan.

61.

We make a care order in respect of S. Contact will remain at the discretion of the Local Authority.

62.

We must now consider the application for a Placement Order.

63.

As neither parent consents to a placement order, we must be satisfied that the parents’ consent should be dispensed with.

64.

We cannot dispense with the consent of the parents unless S’s welfare requires the parents’ consent be dispensed with. 

65.

Welfare checklist (s1(4) Adoption and Children Act 2002):

66.

We adopt paragraphs 4-26 of the welfare checklist in the report of the Children’s Guardian in her report dated the 18-2-10 (AA21-29).

67.

Of particular relevance, given the application for direct contact by Mr B and his reluctance to accept the implications of a placement order are paragraphs 8-11 and 16-25.

68.

At paragraph 26, Ms T reports Mr B’s belief that he can safely care for S. In view of his criminal record, lack of stable address, history of drug and alcohol abuse and lack of parental skills and experience, this is plainly unrealistic.

69.

We have had regard to Article 8 of the Human Rights Act and are satisfied that the making of a Placement Order is a necessary and proportionate measure.

70.

We have approved the Local Authority care plan including the arrangements for contact. There are no plans for reunification of S and her parents and she is to be adopted, we are satisfied that S’s welfare requires that her parents’ consent be dispensed with.

71.

Accordingly, we make a Placement Order in respect of S.