A Local Authority v Mother & Anor [2021] EWFC B36 (16 June 2021)

A Local Authority v Mother & Anor [2021] EWFC B36 (16 June 2021)

Given the mother's ongoing drug misuse, mental health concerns, lack of engagement, and absence of any suitable alternative carers, the threshold for care and placement orders is met. Billy's welfare requires permanence and safety that only adoption can provide. There is no realistic prospect of safe return to his mother. The court dispenses with the mother's consent and authorises the local authority to place Billy for adoption.

Citation
[2021] EWFC B36
Parties
Applicant: A Local Authority; First Respondent: The Mother; Second Respondent: The Child (via his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
16 June 2021
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Care order and placement order for adoption granted.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Welfare of the Child

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Parties

A Local Authority

Applicant

The Mother

First Respondent

The Child (via his Children's Guardian)

Second Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for making a care order is met
  2. 2 Whether the threshold for making a placement order for adoption is met
  3. 3 Whether the mother's consent to adoption should be dispensed with

Ratio Decidendi

Given the mother's ongoing drug misuse, mental health concerns, lack of engagement, and absence of any suitable alternative carers, the threshold for care and placement orders is met. Billy's welfare requires permanence and safety that only adoption can provide. There is no realistic prospect of safe return to his mother. The court dispenses with the mother's consent and authorises the local authority to place Billy for adoption.

Court Disposition

Care order and placement order for adoption granted.

Orders

  • Care order made in favour of the local authority for Billy.
  • Placement order made authorising the local authority to place Billy for adoption.