A and K (Children : Placement Orders) [2018] EWFC B3 (1 February 2018)

A and K (Children : Placement Orders) [2018] EWFC B3 (1 February 2018)

The threshold for significant harm under s.31(2) Children Act 1989 was crossed due to chronic neglect, physical and emotional abuse, and parental incapacity. Adoption is necessary and proportionate as nothing else but adoption will provide the required stability and security for A and K. Parental consent to placement orders is dispensed with as it is in the children's welfare interests.

Citation
[2018] EWFC B3
Parties
Applicant Trust: SCST; First Respondent Mother: RD; Second Respondent Father (a's Father): JD; Third Respondent Father (k's Father): PW; Fourth and Fifth Respondents (acting Through Guardian): Children's Guardian (for A and K)
Jurisdiction
England and Wales
Judgment Date
01 February 2018
Procedural Posture
Care and Placement Orders (children) / Final Hearing
Outcome
Care and placement orders granted for A and K; parental consent to placement orders dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Welfare Checklist, Parental Consent Dispensation
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Welfare Checklist Parental Consent Dispensation

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Parties

SCST

Applicant Trust

RD

First Respondent Mother

JD

Second Respondent Father (a's Father)

PW

Third Respondent Father (k's Father)

Children's Guardian (for A and K)

Fourth and Fifth Respondents (acting Through Guardian)

Procedural Posture

Care and Placement Orders (children) / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met
  2. 2 Whether care and placement orders should be granted for A and K
  3. 3 Whether nothing else but adoption will do for the children

Ratio Decidendi

The threshold for significant harm under s.31(2) Children Act 1989 was crossed due to chronic neglect, physical and emotional abuse, and parental incapacity. Adoption is necessary and proportionate as nothing else but adoption will provide the required stability and security for A and K. Parental consent to placement orders is dispensed with as it is in the children's welfare interests.

Court Disposition

Care and placement orders granted for A and K; parental consent to placement orders dispensed with.

Orders

  • Care orders for A and K
  • Placement orders for A and K