B and E (children), Re [2015] EWFC B203 (22 December 2015)

B and E (children), Re [2015] EWFC B203 (22 December 2015)

The welfare of B and E requires that they not be separated from each other or from their primary carer Y, with whom they have formed secure attachments. The trauma and risk of harm from moving to the aunt outweigh the benefits of a family placement. Adoption for B and a placement order for E are necessary to secure their welfare throughout their lives. The threshold for intervention is met, and the parents' consent is dispensed with as the children's welfare demands it.

Citation
[2015] EWFC B203
Parties
Applicant Authority: London Borough of Croydon; Mother: Ms K; Father: Mr M; Foster Carer/adopter Applicant: Y; Paternal Aunt/special Guardianship Applicant: JM
Jurisdiction
England and Wales
Judgment Date
22 December 2015
Procedural Posture
Family Law Care/adoption Proceedings / Final Judgment
Outcome
B to be adopted by Y; E to be subject to a placement order with a view to adoption by Y; no formal contact orders made.
Legal Topics
Adoption, Special Guardianship, Care Orders, Placement Orders, Threshold Criteria, Welfare Principle, Article 8 ECHR
Family Law Child Protection Adoption Special Guardianship Care Orders Placement Orders Threshold Criteria Welfare Principle +1 more

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Parties

London Borough of Croydon

Applicant Authority

Ms K

Mother

Mr M

Father

Y

Foster Carer/adopter Applicant

JM

Paternal Aunt/special Guardianship Applicant

Procedural Posture

Family Law Care/adoption Proceedings / Final Judgment

Legal Issues

  1. 1 Whether B and E should be placed with their parents, their paternal aunt, or remain with their foster carer Y
  2. 2 Whether adoption or special guardianship is the appropriate order for B and E
  3. 3 Whether to dispense with parental consent for adoption/placement

Ratio Decidendi

The welfare of B and E requires that they not be separated from each other or from their primary carer Y, with whom they have formed secure attachments. The trauma and risk of harm from moving to the aunt outweigh the benefits of a family placement. Adoption for B and a placement order for E are necessary to secure their welfare throughout their lives. The threshold for intervention is met, and the parents' consent is dispensed with as the children's welfare demands it.

Court Disposition

B to be adopted by Y; E to be subject to a placement order with a view to adoption by Y; no formal contact orders made.

Orders

  • Adoption order for B in favour of Y
  • Placement order for E dispensing with parental consent