Supreme Court to rule on permanent removal and adoption of two-year-old girl

The Supreme Court will tomorrow hand down a key ruling on the permanent removal and placement for adoption of a child.

The case of In the matter of B (a Child) centres on whether the two-year-old child was likely to suffer significant harm within the meaning of s. 31(2)(a) of the Children Act 1989, and whether her permanent removal was a proportionate response to any such risk that she did face.

The girl, ‘A’, had been removed from her parents at birth. The London Borough of Barnet subsequently applied for a care order permanently to separate her from her parents and to have her placed for adoption.

The grounds on which the order was sought were principally that A’s mother (‘M’) suffered from a psychiatric condition that led her to seek unnecessary medical treatment; that both her parents exhibited a dishonest approach when interacting with care personnel and other professionals; and that it was not appropriate for her father (‘F’) to care for her of his own accord.

The council asserted that A was at risk of harm in terms of her emotional and social development and also due to the risk she would be presented for unnecessary medical treatment or adopt M’s behaviour in doing so.

The High Court granted the care order. Both parents appealed on the grounds they did not present a risk of significant harm to A, and that in any event her permanent removal and placement for adoption was disproportionate to any risk that they did present. The Court of Appeal upheld the High Court order.