Representing a Child in Care Proceedings Involving Substance Misuse
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Background
In January 2025, Cartwright King’s Cyrus Rashvand represented the Children’s Guardian in a case concerning a six-month-old child (DRH), who was subject to care proceedings involving substance misuse initiated by Birmingham City Council. The local authority sought final care and placement orders, aiming to ensure DRH’s immediate safety and long-term welfare.
Read the full details of the case here.
Care Proceedings Involving Substance Misuse
DRH’s mother, who had a history of substance misuse, including heroin and cocaine, and a chaotic lifestyle, had been unable to engage effectively in the court process. Despite the previous involvement of social services and the removal of her older children, she showed no significant change in her circumstances. Shortly after birth, professionals discharged the child into foster care due to the mother’s lack of engagement with antenatal services and family time.
The child suffered mild withdrawal symptoms at birth, and toxicology reports confirmed the mother’s ongoing substance misuse, including positive tests for cocaine, methadone, and morphine. The mother failed to engage with both professionals and support services, which left no viable family members to care for DRH, and no one proposed any alternative care options.
The local authority, supported by the Children’s Guardian, requested a final care order and a placement order for adoption, as DRH’s mother acknowledged that she could not care for her child and consented to the proposed orders. The mother, having found the decision traumatic, was unable to attend court, though she confirmed her agreement in writing.
Legal Analysis and Outcome
District Judge Parker found that the threshold for a care order was met, further noting that DRH had already suffered significant harm and would continue to face harm if returned to her mother’s care. The mother’s entrenched substance misuse and her inability to provide safe and appropriate care were pivotal factors in the decision. No other family members were available to care for DRH, and the local authority had exhausted all reasonable options to place the child with a birth family.
The court concluded that adoption was the only realistic option available, ensuring DRH’s long-term welfare. The court therefore made a placement order and also dispensed with the mother’s consent, despite her agreement to the orders, in order to avoid potential future disputes.
Impact of Legal Representation
Cyrus Rashvand represented the Children’s Guardian, playing a key role in protecting DRH’s welfare. The detailed analysis of the child’s best interests and the careful consideration of all available options contributed to the court’s decision to place DRH for adoption, offering her a stable and loving environment away from the significant risks posed by her mother’s inability to care for her.