A Council v The Mother & Ors

A Council v The Mother & Ors

The evidence establishes that M is at risk of significant harm due to parental neglect, substance misuse, unresolved trauma, lack of engagement, and inability to provide safe care. No family members are suitable or willing to care for M. Adoption is the only option that meets M's welfare needs, and the court...

Source-derived case information.

Parties
Applicant: A Council; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd Respondent: The Child (by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
12 August 2025
Procedural Posture
Care and Placement Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Hearing
Outcome
Final care order and placement order made; parental consent dispensed with; indirect contact post-adoption approved; direct contact not ordered.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Consent Dispensation, Child Welfare, Threshold Criteria, Proportionality, Contact Arrangements
Family Law Child Protection Adoption Care Orders Placement Orders Parental Consent Dispensation Child Welfare Threshold Criteria +2 more

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Summary, issues, holding and outcome

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Parties

A Council

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

The Child (by his Children's Guardian)

3rd Respondent

Procedural Posture

Care and Placement Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Hearing

Legal Issues

  1. 1 Whether the threshold for making care and placement orders is met under s.31 Children Act 1989
  2. 2 Whether adoption is the only realistic option for M
  3. 3 Whether parental consent should be dispensed with for placement order

Ratio Decidendi

The evidence establishes that M is at risk of significant harm due to parental neglect, substance misuse, unresolved trauma, lack of engagement, and inability to provide safe care. No family members are suitable or willing to care for M. Adoption is the only option that meets M's welfare needs, and the court dispenses with parental consent for the placement order as required by M's welfare. Care and placement orders are made, with indirect contact post-adoption.

Court Disposition

Final care order and placement order made; parental consent dispensed with; indirect contact post-adoption approved; direct contact not ordered.

Orders

  • Final care order for M
  • Placement order for M