PAM & PAF (Mr & Mrs PA) v South Gloucestershire Council (LA) & Ors [2014] EWFC B202 (28 October 2014)

PAM & PAF (Mr & Mrs PA) v South Gloucestershire Council (LA) & Ors [2014] EWFC B202 (28 October 2014)

The court finds that Mr and Mrs PA have demonstrated unconditional love and secure attachment to X, and removal would cause significant emotional trauma with long-lasting effects. The LA failed to provide adequate therapeutic support and acted adversarially. Adoption by Mr and Mrs PA is better for X than not doing so. The LA is the agency concerned and holds Parental Responsibility; AFC does not.

Citation
[2014] EWFC B202
Parties
Applicants: Mr and Mrs PA; 1st Respondent: South Gloucestershire Council; 2nd Respondent: Child's Guardian (CG); 3rd Respondent: Action for Children (AFC)
Jurisdiction
England and Wales
Judgment Date
28 October 2014
Procedural Posture
Contested Adoption Application / Final Judgment
Outcome
Adoption Order granted in favour of Mr and Mrs PA for X.
Legal Topics
Adoption, Parental Responsibility, Child Welfare, Placement Orders
Family Law Adoption Parental Responsibility Child Welfare Placement Orders

Case Brief

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Parties

Mr and Mrs PA

Applicants

South Gloucestershire Council

1st Respondent

Child's Guardian (CG)

2nd Respondent

Action for Children (AFC)

3rd Respondent

Procedural Posture

Contested Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether Mr and Mrs PA should be granted an Adoption Order for X
  2. 2 Which agency holds Parental Responsibility for X under the Placement Order
  3. 3 Assessment of risks and welfare for X if adopted or removed

Ratio Decidendi

The court finds that Mr and Mrs PA have demonstrated unconditional love and secure attachment to X, and removal would cause significant emotional trauma with long-lasting effects. The LA failed to provide adequate therapeutic support and acted adversarially. Adoption by Mr and Mrs PA is better for X than not doing so. The LA is the agency concerned and holds Parental Responsibility; AFC does not.

Court Disposition

Adoption Order granted in favour of Mr and Mrs PA for X.

Orders

  • X to be adopted by Mr and Mrs PA.
  • South Gloucestershire Council confirmed as agency holding Parental Responsibility.