England and Wales Magistrates' Court (Family)

Neutral Citation Number: [2010] EWMC 48 (FPC)

 

 

In the Magistrates’ Court

Family Proceedings Court

 

 

 

Before:

   Chair of the Bench

    

    

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Between:

 

	X City Council	Applicant
	and
	K	First Respondent
	S	Second Respondent
	D by way of  Child’s Guardian	Third Respondent

 

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Ms C	for the	Applicant
Ms D	for the	First  Respondent
Mr T	for the	Second Respondent
Ms B	for the	Third Respondent

 

 

Hearing date: 5th July 2010

 

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These Facts and Reasons have been agreed by all the 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.

 

This is an application brought by X City Council for a care order and placement order in respect of the child D dob.

 

The respondent mother has been present in court this morning and is legally represented and has made the difficult decision to neither to consent to or oppose the making of the orders referred to above, following the decision by the magistrates to refuse her application for an adjournment of the proceedings and for further assessment.

 

The proceedings commenced in June 2009 and in the course of the proceedings there have been three principle assessments i) a residential assessment undertaken by OH; ii) a psychological assessment undertaken by Dr A and iii) a community based parenting assessment undertaken by B Family Centre.

 

The respondent father Mr S did not attend court today, but was legally represented this morning.  His solicitors were excused upon the basis that they were without instructions and have been for some time.  The court is satisfied that his solicitors have confirmed that he has been served with notice of the hearing and with the final evidence of the local authority and the placement order application.

 

The assessments undertaken within these proceedings though positive in relation to the parents basic care of D raises concerns about their ability to prioritise D’s needs over there own; the nature of their relationship which, it has been suggested has features of domestic violence, and in respect of the mother in particular, her ability to work in an honest and open manner with the local authority.

 

Despite the number of assessments that have been undertaken, the concerns above remain and therefore the Local Authority are unable to implement a plan of rehabilitation.  D has been approved as a child who should be placed for adoption by Local Authority’s Adoption Panel, and accordingly the Local Authority has applied for a placement order.

 

The mother’s position today is that she is no longer in a relationship with Mr S and in fact separated from him in late December 2009 early January 2010.  On this basis she sought an adjournment of today’s hearing on the basis of her changed circumstances and requested further assessments by way of oral submissions, which was refused by the court.  The magistrates have produced facts and reasons in relation to that application.

 

On the basis that there is no other viable option available for D, as his parents are not able to care for him safely and prioritise his needs over their own, and extended family member have been explored and deemed unsuitable, therefore adoption is the only viable plan.

 

We have considered welfare checklist and consider that D’s needs are our paramount consideration.

 

Having read all the evidence contained within the court bundle including the Guardian’s final report dated 29^th June 2010, and the threshold criteria being satisfied, we approve the local authority’s final care plan dated 2/7/2010 and accordingly we make a final care order.

 

We also dispense with the consent of both parents on the grounds that the child’s welfare demands it, and make a placement order.