A v W & Ors No 2 (Welfare) [2017] EWFC 8 (27 January 2017)

A v W & Ors No 2 (Welfare) [2017] EWFC 8 (27 January 2017)

Further assessment of the mother is not necessary as existing evidence comprehensively establishes her inability to provide safe, stable care for the children within their timescales. The risks of emotional and physical harm, lack of candour, and instability outweigh any potential benefit of delay for further assessment. The welfare of the children requires care and placement orders, and dispensing with parental consent for adoption is proportionate and necessary.

Citation
[2017] EWFC 8
Parties
Applicant: A Local Authority; 1st Respondent: CM; 2nd Respondent: LW; 3rd & 4th Respondents: MY & MN (by their Children's Guardian EJ)
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Care Proceedings (children Act 1989) / Final Judgment on Care and Placement Orders, Post Fact Finding
Outcome
Application for further assessment refused; care and placement orders made for both children; parental consent dispensed with for adoption.
Legal Topics
Care Orders, Placement Orders, Section 38(6) Assessments, Welfare of the Child, Adoption, Parental Responsibility, Proportionality, Article 8 ECHR
Family Law Child Protection Care Orders Placement Orders Section 38(6) Assessments Welfare of the Child Adoption Parental Responsibility +2 more

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Parties

A Local Authority

Applicant

CM

1st Respondent

LW

2nd Respondent

MY & MN (by their Children's Guardian EJ)

3rd & 4th Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Final Judgment on Care and Placement Orders, Post Fact Finding

Legal Issues

  1. 1 Whether further assessment of the mother under s 38(6) Children Act 1989 is necessary
  2. 2 Whether care and placement orders should be made for MY and MN
  3. 3 Whether the welfare of the children requires dispensing with parental consent for adoption

Ratio Decidendi

Further assessment of the mother is not necessary as existing evidence comprehensively establishes her inability to provide safe, stable care for the children within their timescales. The risks of emotional and physical harm, lack of candour, and instability outweigh any potential benefit of delay for further assessment. The welfare of the children requires care and placement orders, and dispensing with parental consent for adoption is proportionate and necessary.

Court Disposition

Application for further assessment refused; care and placement orders made for both children; parental consent dispensed with for adoption.

Orders

  • Care order in favour of the local authority for MY and MN
  • Placement order for MY and MN