F (A Child), Re [2015] EWFC B132 (10 September 2015)

F (A Child), Re [2015] EWFC B132 (10 September 2015)

The court found, on the balance of probabilities, that the mother, VB, posed a risk of future significant harm to F due to her inability to consistently provide good enough parenting without high levels of support, and that further assessment in a mother and baby foster placement was not necessary as analogous support had already been tried and failed. Adoption was the only realistic option in F's best interests, and the threshold for care and placement orders was met.

Citation
[2015] EWFC B132
Parties
Applicant Local Authority: RBC; First Respondent Mother: VB; Second Respondent Father: TR; Third Respondent (by Children's Guardian): F (A Child)
Jurisdiction
England and Wales
Judgment Date
10 September 2015
Procedural Posture
Care and Placement Order Application (public Law Child Protection) / Final Hearing and Judgment
Outcome
Final care order and placement order granted; care plan for adoption approved; parental consent to placement order dispensed with; annual letterbox contact ordered; no order for costs save for detailed assessment of publicly funded parties' costs.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare Checklist, Contact Arrangements
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Welfare Checklist +1 more

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Parties

RBC

Applicant Local Authority

VB

First Respondent Mother

TR

Second Respondent Father

F (A Child)

Third Respondent (by Children's Guardian)

Procedural Posture

Care and Placement Order Application (public Law Child Protection) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold criteria for care and placement orders are met under Children Act 1989 s.31(2)
  2. 2 Whether adoption is in the best interests of the child F
  3. 3 Whether further assessment of the mother in a mother and baby foster placement is necessary

Ratio Decidendi

The court found, on the balance of probabilities, that the mother, VB, posed a risk of future significant harm to F due to her inability to consistently provide good enough parenting without high levels of support, and that further assessment in a mother and baby foster placement was not necessary as analogous support had already been tried and failed. Adoption was the only realistic option in F's best interests, and the threshold for care and placement orders was met.

Court Disposition

Final care order and placement order granted; care plan for adoption approved; parental consent to placement order dispensed with; annual letterbox contact ordered; no order for costs save for detailed assessment of publicly funded parties' costs.

Orders

  • Final care order in respect of F
  • Placement order in respect of F