X (care and placement orders), Re [2018] EWFC B25 (11 May 2018)

X (care and placement orders), Re [2018] EWFC B25 (11 May 2018)

The threshold for making care and placement orders was met due to the mother's long-standing drug misuse, neglect, and inability to provide safe and consistent care, resulting in significant harm and risk to X. No realistic family placement was available. Adoption was necessary and proportionate to safeguard X's welfare throughout her life, and nothing short of this would suffice.

Citation
[2018] EWFC B25
Parties
Applicant: A County Council; First Respondent: M (Mother); Second Respondent: X (Child, acting by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
11 May 2018
Procedural Posture
Care and Placement Order Proceedings / Final Hearing
Outcome
Care order and placement order made; parental consent to placement order dispensed with.
Legal Topics
Care Orders, Placement Orders, Parental Responsibility, Threshold Criteria, Welfare of the Child, Dispensing With Parental Consent, Contact Arrangements
Family Law Child Protection Adoption Care Orders Placement Orders Parental Responsibility Threshold Criteria Welfare of the Child +2 more

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Parties

A County Council

Applicant

M (Mother)

First Respondent

X (Child, acting by her children's guardian)

Second Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Hearing

Legal Issues

  1. 1 Whether the threshold criteria under section 31 Children Act 1989 are met for making a care order
  2. 2 Whether a placement order should be made under the Adoption and Children Act 2002 and parental consent dispensed with
  3. 3 Whether the welfare of the child requires separation from the mother and adoption

Ratio Decidendi

The threshold for making care and placement orders was met due to the mother's long-standing drug misuse, neglect, and inability to provide safe and consistent care, resulting in significant harm and risk to X. No realistic family placement was available. Adoption was necessary and proportionate to safeguard X's welfare throughout her life, and nothing short of this would suffice.

Court Disposition

Care order and placement order made; parental consent to placement order dispensed with.

Orders

  • Care order to the local authority for X
  • Placement order for adoption; consent of mother and D dispensed with