A Local Authority v H & W [2016] EWFC B56 (11 August 2016)

A Local Authority v H & W [2016] EWFC B56 (11 August 2016)

The court found that both parents, despite cooperation and love for their children, are unable to meet the children's complex and increasing needs due to their own learning difficulties and inability to implement and sustain necessary changes, even with intensive support. The children have suffered and are at risk of further significant harm through neglect, lack of stimulation, and developmental delay. No realistic support package could enable the parents to provide 'good enough' parenting for these children. Adoption is necessary and proportionate as no other realistic alternative exists to secure the children's welfare and permanence. Parental consent to placement is dispensed with as...

Citation
[2016] EWFC B56
Parties
Applicant: A Local Authority; Mother/respondent: CH; Father/respondent: PW; Child/subject: C W; Child/subject: CW; Child/subject: MW
Jurisdiction
England and Wales
Judgment Date
11 August 2016
Procedural Posture
Care and Placement Order Application (public Law Family Proceedings) / Final Judgment
Outcome
Care orders and placement orders made; parental consent to placement dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Learning Disabilities and Parenting, Delay in Proceedings
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Learning Disabilities and Parenting +1 more

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Parties

A Local Authority

Applicant

CH

Mother/respondent

PW

Father/respondent

C W

Child/subject

CW

Child/subject

MW

Child/subject

Procedural Posture

Care and Placement Order Application (public Law Family Proceedings) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for care and placement orders under s.31 Children Act 1989 is met
  2. 2 Whether the parents can provide 'good enough' parenting with or without support
  3. 3 Whether adoption is a proportionate and necessary outcome for the children

Ratio Decidendi

The court found that both parents, despite cooperation and love for their children, are unable to meet the children's complex and increasing needs due to their own learning difficulties and inability to implement and sustain necessary changes, even with intensive support. The children have suffered and are at risk of further significant harm through neglect, lack of stimulation, and developmental delay. No realistic support package could enable the parents to provide 'good enough' parenting for these children. Adoption is necessary and proportionate as no other realistic alternative exists to secure the children's welfare and permanence. Parental consent to placement is dispensed with as...

Court Disposition

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

Orders

  • Care orders for all three children
  • Placement orders for all three children