A Local Authority v B, H and I (Sibling as carer or adoption) (rev 1) [2019] EWFC B1 (4 January 2019)

A Local Authority v B, H and I (Sibling as carer or adoption) (rev 1) [2019] EWFC B1 (4 January 2019)

The court found, on the totality of the evidence, that B, despite her commitment and some practical abilities, lacks the emotional maturity, insight, and attunement to meet the complex emotional and developmental needs of H and I, who have insecure attachments and require reparative parenting. The professional consensus was unanimous and unshaken by empirical evidence. The risks of emotional harm and the likelihood of intergenerational neglect could not be mitigated by family support or further work in the short term. The threshold for care and placement orders was met, and adoption was the only option that met the children's welfare needs in a manner that was necessary and proportionate...

Citation
[2019] EWFC B1
Parties
Applicant/sibling Carer: B; Child (subject): H; Child (subject): I; Respondent/mother: Mother; Applicant/local Authority: Local Authority
Jurisdiction
England and Wales
Judgment Date
04 January 2019
Procedural Posture
Care Proceedings (children) / Final Judgment
Outcome
Care and placement orders made for H and I; B's application to care for H and I refused.
Legal Topics
Care Orders, Placement Orders, Adoption, Special Guardianship, Welfare of the Child, Article 8 ECHR, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Adoption Special Guardianship Welfare of the Child Article 8 ECHR +1 more

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Parties

B

Applicant/sibling Carer

H

Child (subject)

I

Child (subject)

Mother

Respondent/mother

Local Authority

Applicant/local Authority

Procedural Posture

Care Proceedings (children) / Final Judgment

Legal Issues

  1. 1 Whether H and I should be placed for adoption or with their sister B under a family-based arrangement
  2. 2 Whether B is capable of meeting the emotional and developmental needs of H and I
  3. 3 Whether the threshold for care and placement orders is met and proportionate under Article 8 ECHR

Ratio Decidendi

The court found, on the totality of the evidence, that B, despite her commitment and some practical abilities, lacks the emotional maturity, insight, and attunement to meet the complex emotional and developmental needs of H and I, who have insecure attachments and require reparative parenting. The professional consensus was unanimous and unshaken by empirical evidence. The risks of emotional harm and the likelihood of intergenerational neglect could not be mitigated by family support or further work in the short term. The threshold for care and placement orders was met, and adoption was the only option that met the children's welfare needs in a manner that was necessary and proportionate...

Court Disposition

Care and placement orders made for H and I; B's application to care for H and I refused.

Orders

  • Care orders for H and I in favour of the local authority
  • Placement orders authorising adoption for H and I