J & M (Children), Re [2014] EWCC B17 (Fam) (12 February 2014)

J & M (Children), Re [2014] EWCC B17 (Fam) (12 February 2014)

Adoption is not a proportionate or necessary response for these children given the availability of high-quality long-term foster care with current carers, the uncertainty of finding suitable adopters, and the lack of a decisive benefit in favour of adoption. The threshold for dispensing with parental consent is not met. The applications for Placement Orders are adjourned for the Local Authority to reconsider its Care Plans.

Citation
[2014] EWCC B17 (Fam)
Parties
Applicant Local Authority: Flintshire County Council; Mother: Mrs LD; Father: Mr GJ; Children's Guardian: Jane Greening
Jurisdiction
England and Wales
Judgment Date
12 February 2014
Procedural Posture
Care and Placement Order Applications / Post Evidence, Judgment on Final Applications
Outcome
Applications for Placement Orders adjourned; Care Orders not yet made; Local Authority to reconsider Care Plans.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Welfare of the Child, Parental Consent, Proportionality, Disability and Special Needs
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Welfare of the Child Parental Consent +2 more

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Parties

Flintshire County Council

Applicant Local Authority

Mrs LD

Mother

Mr GJ

Father

Jane Greening

Children's Guardian

Procedural Posture

Care and Placement Order Applications / Post Evidence, Judgment on Final Applications

Legal Issues

  1. 1 Whether threshold criteria for Care Orders are met under Children Act 1989 s.31(2)
  2. 2 Whether Placement Orders for adoption should be made under Adoption and Children Act 2002
  3. 3 Whether parental consent to adoption should be dispensed with under s.52 Adoption and Children Act 2002

Ratio Decidendi

Adoption is not a proportionate or necessary response for these children given the availability of high-quality long-term foster care with current carers, the uncertainty of finding suitable adopters, and the lack of a decisive benefit in favour of adoption. The threshold for dispensing with parental consent is not met. The applications for Placement Orders are adjourned for the Local Authority to reconsider its Care Plans.

Court Disposition

Applications for Placement Orders adjourned; Care Orders not yet made; Local Authority to reconsider Care Plans.

Orders

  • Adjournment of Placement Order applications for approximately three weeks for Local Authority to reconsider Care Plans.
  • Expectation of revised Final Care Plans if Local Authority modifies its position.