MA, Re (Judgement Hearing) [2016] EWFC 46 (05 October 2016)

MA, Re (Judgement Hearing) [2016] EWFC 46 (05 October 2016)

The threshold criteria under s.31 Children Act 1989 are met due to the parents' failure to acknowledge or understand the significant harm suffered by their older children, and their inability to protect M from similar harm. The parents' entrenched denial and lack of insight render any protective plan unworkable and...

Source-derived case information.

Citation
[2016] EWFC 46
Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: MA (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
05 October 2016
Procedural Posture
Care and Placement Order Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Contested Hearing
Outcome
Care order and placement order for adoption granted; M to be removed from parents' care.
Legal Topics
Care Orders, Placement Orders, Adoption, Significant Harm, Parental Responsibility, Threshold Criteria, Welfare Checklist
Family Law Child Protection Care Orders Placement Orders Adoption Significant Harm Parental Responsibility Threshold Criteria +1 more

Source-derived case record

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

MA (by her children's guardian)

Third Respondent

Procedural Posture

Care and Placement Order Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are met for M
  2. 2 Whether a care order and placement order for adoption are necessary and proportionate for M's welfare

Ratio Decidendi

The threshold criteria under s.31 Children Act 1989 are met due to the parents' failure to acknowledge or understand the significant harm suffered by their older children, and their inability to protect M from similar harm. The parents' entrenched denial and lack of insight render any protective plan unworkable and make adoption necessary and proportionate to meet M's welfare needs. No lesser order would suffice.

Court Disposition

Care order and placement order for adoption granted; M to be removed from parents' care.

Orders

  • Care order in favour of the local authority for M
  • Placement order under Adoption and Children Act 2002 authorising placement of M for adoption