C (A Child), Re [2014] EWCC B50 (Fam) (26 March 2014)

C (A Child), Re [2014] EWCC B50 (Fam) (26 March 2014)

Given the unanimous professional evidence that the mother cannot provide adequate care for the child even with exceptional support, and that no family member is able or willing to care for him, the only option consistent with the child's welfare is adoption. The threshold criteria are met, and the child's welfare requires dispensing with parental consent. Care and placement orders are necessary and proportionate under Article 8 ECHR.

Citation
[2014] EWCC B50 (Fam)
Parties
Applicant (local Authority): Gloucestershire County Council; Respondent (mother): MM (Mother); Respondent (father): FF (Father); Subject Child: C (Child); Children's Guardian: Pravina Gulabivala
Jurisdiction
England and Wales
Judgment Date
26 March 2014
Procedural Posture
Care and Placement Order Proceedings (public Law) / Final Hearing and Judgment
Outcome
Care order and placement order granted; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Parental Capacity, Article 8 ECHR, Welfare Checklist, Dispensing With Parental Consent, Proportionality, Best Interests of the Child
Family Law Child Protection Adoption Law Human Rights Care Orders Placement Orders Threshold Criteria Parental Capacity +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gloucestershire County Council

Applicant (local Authority)

MM (Mother)

Respondent (mother)

FF (Father)

Respondent (father)

C (Child)

Subject Child

Pravina Gulabivala

Children's Guardian

Procedural Posture

Care and Placement Order Proceedings (public Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 are met for making care and placement orders
  2. 2 Whether the welfare of the child requires adoption and dispensing with parental consent under section 52(1)(b) Adoption and Children Act 2002
  3. 3 Whether continued care by the mother with support is a viable option consistent with the child's welfare

Ratio Decidendi

Given the unanimous professional evidence that the mother cannot provide adequate care for the child even with exceptional support, and that no family member is able or willing to care for him, the only option consistent with the child's welfare is adoption. The threshold criteria are met, and the child's welfare requires dispensing with parental consent. Care and placement orders are necessary and proportionate under Article 8 ECHR.

Court Disposition

Care order and placement order granted; parental consent dispensed with.

Orders

  • Care order made in favour of Gloucestershire County Council for C.
  • Placement order made authorising placement of C for adoption.