A Local Authority v A Mother & Ors [2023] EWFC 77 (B) (10 May 2023)

A Local Authority v A Mother & Ors [2023] EWFC 77 (B) (10 May 2023)

The threshold for significant harm under s.31(2) Children Act 1989 is met due to neglect, parental drug use, domestic abuse, and inability of both parents to meet Z's needs. Despite support and recent efforts, the mother is unable to prioritise Z's welfare or make and sustain necessary changes within Z's timescales....

Source-derived case information.

Citation
[2023] EWFC 77 (B)
Parties
Applicant: A Local Authority; 1st Respondent: A Mother; 2nd Respondent: A Father; 3rd Respondent: Z (a child, through his Guardian)
Jurisdiction
England and Wales
Judgment Date
10 May 2023
Procedural Posture
Care and Placement Order Proceedings (public Law) / Final Hearing and Judgment
Outcome
Care Order and Placement Order (adoption) made; parental consent dispensed with; indirect letterbox contact ordered; no direct or 'goodbye' contact ordered.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare Checklist, Article 8 ECHR, Proportionality, No Order Principle
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Welfare Checklist +3 more

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

A Mother

1st Respondent

A Father

2nd Respondent

Z (a child, through his Guardian)

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for Z
  2. 2 Whether a Care Order and Placement Order (adoption) are necessary and proportionate for Z's welfare
  3. 3 Whether parental consent to adoption should be dispensed with under s.52(1)(b) ACA 2002

Ratio Decidendi

The threshold for significant harm under s.31(2) Children Act 1989 is met due to neglect, parental drug use, domestic abuse, and inability of both parents to meet Z's needs. Despite support and recent efforts, the mother is unable to prioritise Z's welfare or make and sustain necessary changes within Z's timescales. The father has not engaged and presents ongoing risks. No family members are suitable. Only adoption will meet Z's welfare needs for permanence and safety; no lesser order would suffice. Dispensing with parental consent is necessary and proportionate to Z's welfare.

Court Disposition

Care Order and Placement Order (adoption) made; parental consent dispensed with; indirect letterbox contact ordered; no direct or 'goodbye' contact ordered.

Orders

  • Care Order to the Local Authority for Z
  • Placement Order authorising adoption of Z