A Local Authority v J & Y

A Local Authority v J & Y

There has been no material change in circumstances since the previous orders. The parents have not altered their stance or engaged with professionals. The only option in the welfare and best interests of the children is for them to be placed for adoption. The parents' consent is dispensed with as required by the children's welfare.

Parties
Claimant: A Local Authority; First Respondent: J; Second Respondent: Y; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
01 February 2017
Procedural Posture
Care and Placement Orders / Judgment After Rehearing Following Remittal by Court of Appeal
Outcome
Father's application to discharge care orders dismissed; placement orders for adoption made for both children; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Welfare of the Child, Parental Consent, Discharge of Care Orders
Family Law Child Protection Care Orders Placement Orders Adoption Welfare of the Child Parental Consent Discharge of Care Orders

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Parties

A Local Authority

Claimant

J

First Respondent

Y

Second Respondent

Children’s Guardian

Children's Guardian

Procedural Posture

Care and Placement Orders / Judgment After Rehearing Following Remittal by Court of Appeal

Legal Issues

  1. 1 Whether there has been a material change in circumstances to justify discharge of care orders
  2. 2 Whether placement orders for adoption should be made in respect of the children
  3. 3 Whether parental consent to adoption should be dispensed with

Ratio Decidendi

There has been no material change in circumstances since the previous orders. The parents have not altered their stance or engaged with professionals. The only option in the welfare and best interests of the children is for them to be placed for adoption. The parents' consent is dispensed with as required by the children's welfare.

Court Disposition

Father's application to discharge care orders dismissed; placement orders for adoption made for both children; parental consent dispensed with.

Orders

  • Father's application to discharge care orders is dismissed.
  • Placement orders for adoption are made in respect of both children.