Neutral Citation Number: [2010] EWMC 27 (FPC)

In the Magistrates’ Court
Family Proceedings Court

Before:
     
A District Judge
     
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Between:

	X Local Authority	Applicant	
	and		
	                      Ms S                         	1st Respondent	
	Mr W	2nd Respondent	
	E(a child through his Children’s Guardian)	3rd Respondent	

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Ms L	for the	  Applicant	
Ms F	for the	 1st Respondent 	
Ms F as Agent	for the	2nd Respondent	
Ms T	for the 	3rd Respondent	

Hearing dates: 26th May 2010

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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

	
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.	
The Local Authority applies for a Care Order and a Placement Order in respect of E who is only six months old.
	
2.	
The mother has had three children with Mr D, her previous partner; J who is nearly six years old, D who is four years old and L who is two years old.  She has had one other child with Mr W who is E’s father.  This child is T who is one year old.  
	
3.	
All four children have been subject to Care Proceedings and Placement Orders and the first three have been placed for adoption.
	
4.	
In the proceedings concerning J, Findings were made by Her Honour Judge C that J was at risk of suffering significant harm in the form of sexual abuse and emotional abuse occasioned thereby, and neglect (F1). 
	
5.	
The mother had abused her half sibling, R and another child G.  A number of disclosures had been made by the children, R and G, and the mother has acknowledged in the pre-birth assessment that she was involved in sexual abuse of her younger siblings when they were children (C18).
	
6.	
On the birth of J concerns were expressed by the nursing staff at the hospital about the mother’s parenting abilities.  J was placed in foster care and an independent social work assessment concluded that J would be at risk of significant sexual and emotional harm in the care of her mother.
	
7.	A psychological assessment of the mother concluded that her difficulties would have a significant impact on her ability to parent and protect a child.  There was a significant risk of neglect and abuse.	
8.	
The threshold criteria were met in respect of D, L and T and care orders and placement orders were made. The three eldest children have been adopted.
	
9.	
A pre-birth assessment (Second Bundle C8 - 32) was undertaken of the mother and her current partner, the father of T, Mr W.  The opinion of the assessment was that the parents both together or individually would struggle to adequately meet the needs of their expected child.  “It is therefore my opinion that together or individually they are unable to parent this child” (C32).
	
10.	
E is six months old. On birth there were some medical concerns. On 23 March 2010 E was seen by a doctor who had no concerns on examination but indicated that he may go on to show some developmental delay because of the family history. E has metatarsus for which he receives physiotherapy and splints are applied at night.	
11.	
E was placed in foster care on 15 December 2009. Contact has been arranged for the parents once weekly. Some contact notes are filed  (D1-4). The difficulties surrounding the contact arrangements are outlined in the care plan (CP7).	
12.	
On considering the documents filed in these proceedings I find that the threshold criteria is met in that E is likely to suffer significant harm in the form of sexual harm and neglect due to the care likely to be provided to him by his parents not being what it would be reasonable to expect a parent to give.
	
13	
I have considered the need for an order and grant a Care Order and approve the care plan of the Local Authority.
	
14.	
I turn to the application for a Placement Order and understand that the parents do not wish to give their consent to the making of a Placement Order. I make a Placement Order as we believe that E will be best protected in a permanent adoptive placement. The permanence and security this would provide for him will outweigh any detrimental effect there would be in E ceasing to be a member of his birth family.
	
15.	
In making the Placement Order I must dispense with the parents’ consent and I do so on the ground that it is in E’s welfare that parental consent be dispensed with.
	
16.	I am satisfied that the Local Authority will do their best to promote contact, whether direct or indirect between E and his siblings.  Contact between E and his parents will be via the Local Authority’s letter-box scheme and the social worker has agreed to consider a request by the parents for photographs of E.  On this basis I see no need to make any order as to contact. 
	
17.	
I approve the care plan.
	
18.	
Heard before a District Judge on the 26.5.10