B (A Child : placement order) [2018] EWFC B66 (7 March 2018)

B (A Child : placement order) [2018] EWFC B66 (7 March 2018)

The court found that the threshold for a care order was clearly met due to the mother's inability to care for B, her disengagement, substance misuse, and lack of suitable family alternatives. The only realistic plan for B's welfare was adoption, and the mother's consent to placement was dispensed with as required by B's welfare.

Citation
[2018] EWFC B66
Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: The Child by the Children's Guardian
Jurisdiction
England and Wales
Judgment Date
07 March 2018
Procedural Posture
Care and Placement Order Proceedings / Final Hearing
Outcome
Care order and placement order granted; mother's consent to placement dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Consent Dispensation, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Parental Consent Dispensation Welfare of the Child

Case Brief

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Parties

A Local Authority

Applicant

M

First Respondent

The Child by the Children's Guardian

Second Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Hearing

Legal Issues

  1. 1 Whether the threshold for a care order under s.31 Children Act 1989 is met
  2. 2 Whether a placement order for adoption should be made and parental consent dispensed with

Ratio Decidendi

The court found that the threshold for a care order was clearly met due to the mother's inability to care for B, her disengagement, substance misuse, and lack of suitable family alternatives. The only realistic plan for B's welfare was adoption, and the mother's consent to placement was dispensed with as required by B's welfare.

Court Disposition

Care order and placement order granted; mother's consent to placement dispensed with.

Orders

  • Care order made in respect of B.
  • Placement order made authorising adoption of B.