L (Judgment) [2014] EWFC B168 (15 October 2014)

L (Judgment) [2014] EWFC B168 (15 October 2014)

The threshold for significant harm under Section 31(2) Children Act 1989 is met due to the mother's prior neglect, ongoing emotional and behavioural instability of both the mother and JP, and the father's lack of commitment and reliability. No safe and stable familial carer is available. Adoption is a proportionate and necessary response to protect D's welfare, and no lesser order would suffice. The Care Plan for adoption is approved, a Care Order and Placement Order are made, and parental consent is dispensed with.

Citation
[2014] EWFC B168
Parties
Applicant Local Authority: Flintshire County Council; Mother: NMKLL (NL); Father: JEA (JA); Mother's Partner: JJP (JP); Child: DJL-P (D); Guardian: Mrs Eleri Jones
Jurisdiction
England and Wales
Judgment Date
15 October 2014
Procedural Posture
Care and Placement Order Application / Final Hearing and Judgment
Outcome
Care Order and Placement Order made for D; parental consent dispensed with; no order for direct post-adoption contact.
Legal Topics
Care Orders, Placement Orders, Parental Responsibility, Significant Harm Threshold, Adoption and Children Act 2002, Children Act 1989, Proportionality, Welfare Checklist
Family Law Child Protection Adoption Law Care Orders Placement Orders Parental Responsibility Significant Harm Threshold Adoption and Children Act 2002 +3 more

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Parties

Flintshire County Council

Applicant Local Authority

NMKLL (NL)

Mother

JEA (JA)

Father

JJP (JP)

Mother's Partner

DJL-P (D)

Child

Mrs Eleri Jones

Guardian

Procedural Posture

Care and Placement Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for significant harm under Section 31(2) Children Act 1989 is met
  2. 2 Whether a Care Order and Placement Order should be made for D
  3. 3 Whether the parents or mother's partner are capable of providing safe and adequate care for D

Ratio Decidendi

The threshold for significant harm under Section 31(2) Children Act 1989 is met due to the mother's prior neglect, ongoing emotional and behavioural instability of both the mother and JP, and the father's lack of commitment and reliability. No safe and stable familial carer is available. Adoption is a proportionate and necessary response to protect D's welfare, and no lesser order would suffice. The Care Plan for adoption is approved, a Care Order and Placement Order are made, and parental consent is dispensed with.

Court Disposition

Care Order and Placement Order made for D; parental consent dispensed with; no order for direct post-adoption contact.

Orders

  • Care Order for D
  • Placement Order for D