T (A Child), Re [2014] EWFC 52 (03 December 2014)

T (A Child), Re [2014] EWFC 52 (03 December 2014)

The evidence does not reach the level of cogency required to justify adoption as the only alternative; the grandmother's successful care of B, her resilience, and the support plan make placement with her the better outcome for A, with the risks not outweighing the benefits of family placement.

Citation
[2014] EWFC 52
Parties
Local Authority: Wigan Metropolitan Borough Council; Mother: Mother of A and B; Grandmother: Maternal Grandmother; Child: A (a child)
Jurisdiction
England and Wales
Judgment Date
03 December 2014
Procedural Posture
Care Proceedings (public Law) / Final Judgment
Outcome
Care order made in respect of A; placement with grandmother approved; adoption refused.
Legal Topics
Care Orders, Adoption, Placement of Children, Welfare of the Child, Special Guardianship
Family Law Child Protection Care Orders Adoption Placement of Children Welfare of the Child Special Guardianship

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Parties

Wigan Metropolitan Borough Council

Local Authority

Mother of A and B

Mother

Maternal Grandmother

Grandmother

A (a child)

Child

Procedural Posture

Care Proceedings (public Law) / Final Judgment

Legal Issues

  1. 1 Whether A should be placed with her maternal grandmother or adopted
  2. 2 Whether the Local Authority's care plan is in A's best interests
  3. 3 Assessment of risks and advantages of family placement versus adoption

Ratio Decidendi

The evidence does not reach the level of cogency required to justify adoption as the only alternative; the grandmother's successful care of B, her resilience, and the support plan make placement with her the better outcome for A, with the risks not outweighing the benefits of family placement.

Court Disposition

Care order made in respect of A; placement with grandmother approved; adoption refused.

Orders

  • Care order in respect of A
  • Approval of Local Authority's care plan and support package