Neutral Citation Number: [2009] EWMC 2 (FPC) 

In the Magistrates’ Court
Family Proceedings Court

Date: 2009

Before:
     
Lay Justices
     
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Between:

	X Local Authority	Applicant	
	and		
	G	1st Respondent	
	A (a child)	2nd Respondent	

	Re A		

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Miss L for the   Applicant
Miss R for the  1st Respondent
Miss H for the 2nd Respondent

Hearing date: 18th November 2009

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Judgment

WRITTEN REASONS

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

Justices’ Reasons

		
1.	We have been asked to consider an application for a final care order and a placement order for a male child, A, born on [a date] and that such an order is necessary to secure the safety and wellbeing of A. The application is brought by X Council, represented by Miss L. The social worker is Miss R.
	
2.	A’s mother is G (“the mother”), his father is not known.   The mother does not attend court today but is represented by Miss R.   She does not consent to the orders being made, however, she has taken the decision not to actively oppose the application.
	
3.	The Children’s Guardian has filed her Final Analysis and Recommendations dated 18.11.09. She supports the Local Authority plans for a Care and Placement Order.
	
4.	We have read the documents contained within the Court Bundles filed by the Local Authority in support of the care order together with the detailed statements of Miss R, Social Worker, the Residential Assessment Report, and the report by Miss B (Independent Social Worker). We understand that the Independent Social Worker withdrew her recommendation for a residential assessment at a hearing on 02.11.09 as mother had not accessed the recommended domestic violence group work.  Mother was granted leave to withdraw her application for such an assessment.
	
5.	Proceedings were issued on 13.07.09 following a negative pre-birth assessment of mother which highlighted concerns about the ability of mother to care for her child in light of historical concerns of neglect about her three older children and her ability to form emotional attachments. Her three older children were subject to Care Orders and placed for adoption. Two of those children have now been adopted. Proceedings involving the other sibling were concluded on 21.08.09 and he is yet to be placed for adoption. 
	
6.	The schedule of findings filed by the LA outlines the concerns of neglect, physical and emotional harm as detailed in the judgement of delivered at X County Court on 21.08.09 with regard to A’s sibling.  The judgement was extremely thorough and is pertinent to the proceedings involving A.
	
7.	As a Bench we also must be satisfied that the Threshold Criteria is met i.e. that A is likely to suffer significant harm in the form of emotional harm, physical harm and neglect if he were to stay in the care of his mother. We are satisfied that the Threshold is met as set out in the schedule of findings, which is based on the findings of the County Court in the case concerning A’s sibling and mother concedes the concerns that have been raised.  
	
8.	We have considered the Welfare Checklist as outlined in the Guardian’s Analysis and LA care plan. We have also considered the Human Rights Act and the need for the least interventionist approach, however, we believe an order is necessary to ensure A’s needs are met emotionally and physically.
	
9.	We accept that mother loves A dearly but it is clear that she is not in a position to care for him in the foreseeable future. Furthermore, there are no family members who are able to care for A. In view of A’s age it is important that decisions are made about his future without further delay. The only way this can be achieved is by the Local Authority assuming parental responsibility for him. 
	
10.	We therefore make a care order in respect of A in favour of X Local Authority. 
	
11.	We must now consider the Placement application. A is only 4 months old and he requires a permanent, stable and loving home where all his needs can be met throughout his childhood and into adolescence. We consider that this can only be achieved through adoption. Social Care has already approached the Adoption Department and A was considered a child suitable for adoption by the Adoption Panel on 07.10.09. Social Care has approached the adopters of the older children but they did not feel in a position to be assessed to look after an additional child. Placement with his sibling who has yet to be placed for adoption is not felt to be appropriate due to his psychological needs. 
	
12.	We must consider that the sooner a permanent placement is found for A, the easier it will be for him to begin to form new attachments.
	
13.	As mother does not consent to a Placement Order being made 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 A’s welfare requires that 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 A’s welfare throughout his life.
	
14.	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 A’s welfare dictates a Placement Order should be made so as to safeguard his future care, and for the same reasons the consent of mother should be dispensed with.
	
15.	In arriving at this decision, we are aware that A will not be brought up in his birth family and may have limited contact with his half-siblings, but we are satisfied that the arrangements outlined in the Care Plan and in evidence are the best that can be made in the circumstances and a life story book will help meet A’s need for information about his biological family as he grows older.
	
16.	We therefore dispense with the consent of mother and make a Placement Order in favour of X Local Authority in respect of A, in doing so we approve the Care Plan. 

17.	Before Lay Justices on 18th November 2009