S, Re (Care and Placement Orders) [2021] EWFC B7 (25 February 2021)

S, Re (Care and Placement Orders) [2021] EWFC B7 (25 February 2021)

The threshold for a Care Order under s.31 Children Act 1989 is satisfied due to the child's exposure to significant emotional harm from parental mental health issues, substance misuse, and domestic abuse. The mother lacks insight and honesty regarding her relationship with the father and substance misuse,...

Source-derived case information.

Citation
[2021] EWFC B7
Parties
Applicant: A Local Authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: The Child 'S' through his Children's Guardian; 4th Respondent: Paternal Grandmother
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Care and Placement Order Proceedings / Final Judgment After Contested Hearing
Outcome
Care Order and Placement Order granted; child to be placed for adoption; applications for further assessment and Special Guardianship refused.
Legal Topics
Care Orders, Placement Orders, Adoption, Domestic Abuse, Parental Mental Health, Substance Misuse, Special Guardianship
Family Law Child Protection Care Orders Placement Orders Adoption Domestic Abuse Parental Mental Health Substance Misuse +1 more

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Parties

A Local Authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

The Child 'S' through his Children's Guardian

3rd Respondent

Paternal Grandmother

4th Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the threshold for making a Care Order under s.31 Children Act 1989 is met
  2. 2 Whether the child's welfare requires a Placement Order for adoption
  3. 3 Whether the child can be safely placed with the mother, father, or paternal grandmother

Ratio Decidendi

The threshold for a Care Order under s.31 Children Act 1989 is satisfied due to the child's exposure to significant emotional harm from parental mental health issues, substance misuse, and domestic abuse. The mother lacks insight and honesty regarding her relationship with the father and substance misuse, undermining safeguarding. The father is unable to care for the child. The paternal grandmother is physically and emotionally unable to provide safe care, with her own substance misuse and lack of insight. The child's welfare throughout life requires adoption, and the consent of the parents is dispensed with as necessary for the child's welfare.

Court Disposition

Care Order and Placement Order granted; child to be placed for adoption; applications for further assessment and Special Guardianship refused.

Orders

  • Care Order made in favour of the Local Authority
  • Placement Order made authorising placement for adoption