P (A Child)
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE MOORE-BICK
- LORD JUSTICE MCFARLANE
- LORD JUSTICE BRIGGS
Areas of Law
- Family Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case involves an appeal concerning a step-father’s attempt to adopt his step-children. Initially denied by HHJ Jones in Wrexham County Court, the appeal was upheld by LJ McFarlane, allowing the adoption orders. The decision factors in the welfare of the children, legal principles around parental consent under the Adoption and Children Act 2002, and European human rights considerations.
Judgment
Lady Justice King :
This is an appeal by JP (the father), from the making of care and placement orders by Mr Recorder Bullock on the 31 st July 2013 in relation to his daughter S, who was born on the 2 nd June 2011 and is now 3 years 5 months old.
The essential issue in the case is whether the accepted inadequacies in the judgment are such that, not withstanding the advantage the judge had in having seen and heard the parties, local authority witnesses and the guardian, this court should nevertheless allow the appeal.
The mother does not support the father’s appeal and has filed a short statement indicating that she accepts that S is now settled and happy with the prospective adopters, where she has lived for the last 14 months, and that she would not wish to see that placement now disrupted.
Background
The mother is a vulnerable young woman, with mild learning disabilities. The father had a seriously disadvantaged childhood having been brought up in care.
Prior to her relationship with the father, the mother had two children born respectively in 2001 and 2003 by a man called MR. The children were removed from the mother’s care in January 2008 and final care orders were made in respect of each of those children in November 2009.
In the light of that background, when S was born to the mother and father on the 2 June 2011, care proceedings were commenced. S was accommodated in foster care from her birth on a voluntary basis pursuant to s20 of the Children Act 1989. On the 21 March 2012, an interim care order was made in respect of S “upon the court making findings” in accordance with a schedule which was dated 3 June 2011 and was uncontested by any party.
The findings set out in the schedule were those upon which the care orders were made in relation to the older children, and were as follows:
(i) M failed to parent her elder two children to a good enough standard, including neglecting their needs and exposing them to inappropriate adults, including adults who are known to have perpetrated sexual abuse.
(ii) M failed to set appropriate boundaries for the children and neglected their emotional and developmental needs.
(iii) M placed the children at risk of sexual abuse by leaving them in the care of inappropriate males who were linked to drugs, had mental health issues, were violent and posed a risk of sexual abuse to the children.
It was against this background that the parents were assessed during the course of the care proceedings. Th