Stephen Lue acts for parent of child in application for care and placement orders

Friday 13 September 2024

Stephen Lue of the Garden Court Family Law Team acted for the Second Respondent, the father of the child, instructed by Thompson & Co Solicitors.

Full judgment: S (A Child) (Care and Placement), Re [2024] EWFC 211 (B)

Share This Page

Email This Page

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Stephen Lue acted for the father of a two-year old girl, Amy (not her real name). The father has learning needs and had been helped by an intermediary during proceedings. Both parents were considered to be vulnerable witnesses.

The London Borough of Hounslow applied to place the Amy with a new adoption family. Amy's guardian agreed with the social worker. The parents of Amy were not in a relationship together, but disagreed with the adoption plan, asking for a new assessment of their ability to look after their daughter.

The parents had accepted that they were not ready to care for Amy at this time. The father argued that he had moved on since the assessment, and should be re-assessed. 

The Judge had to consider issues of alleged domestic and substance abuse in the case of the father, and the mother's inability to engage with support from the Social Worker. The Judge applied a standard of "good enough parenting" in what he expected from the parents.

The Judge found that a further assessment was not necessary and dismissed the applications for further assessment, taking into account the delay to Amy's care and the potential risk this could cause.

The Judge undertook a holistic assessment, and stated that due to the "history of instability" experienced by Amy, it was important for her to have a "secure and stable placement".  The Judge found that foster care would not provide the level of permanency as adoption, and a higher level of potential instability.

He concluded that only a care and placement order; i.e. adoption, will meet her welfare needs. The Judge also agreed with including support for consideration of direct contact with Amy's parents post-adoption.

Related Areas of Law

We are top ranked by independent legal directories and consistently win awards.

+ View more awards