X (a child - adoption order) [2018] EWFC B8 (27 February 2018)

X (a child - adoption order) [2018] EWFC B8 (27 February 2018)

The threshold criteria for making care and placement orders are plainly fulfilled. The welfare of the child requires adoption, and there are no family members able to care for him. Dispensing with the mother's consent is necessary and proportionate to promote the child's paramount welfare.

Citation
[2018] EWFC B8
Parties
Applicant: A Local Authority; First Respondent: MJ; Second Respondent: X (a child, by his guardian)
Jurisdiction
England and Wales
Judgment Date
27 February 2018
Procedural Posture
Family Court Adoption and Care Orders / Issues Resolution Hearing
Outcome
Care and placement orders made; mother's consent to adoption dispensed with.
Legal Topics
Adoption, Care Orders, Dispensing With Parental Consent, Welfare of the Child, Threshold Criteria
Family Law Child Law Adoption Care Orders Dispensing With Parental Consent Welfare of the Child Threshold Criteria

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

MJ

First Respondent

X (a child, by his guardian)

Second Respondent

Procedural Posture

Family Court Adoption and Care Orders / Issues Resolution Hearing

Legal Issues

  1. 1 Whether the threshold criteria under section 31 of the Children Act 1989 are met
  2. 2 Whether the welfare of the child requires dispensing with the mother's consent to adoption under section 52(1)(b) of the Adoption and Children Act 2002
  3. 3 Whether care and placement orders are legal, proportionate, and necessary

Ratio Decidendi

The threshold criteria for making care and placement orders are plainly fulfilled. The welfare of the child requires adoption, and there are no family members able to care for him. Dispensing with the mother's consent is necessary and proportionate to promote the child's paramount welfare.

Court Disposition

Care and placement orders made; mother's consent to adoption dispensed with.

Orders

  • Care order made for X
  • Placement order made for X