J (A Child : application for a care order)

J (A Child : application for a care order)

The court found that the threshold for a care order was crossed due to the mother's failure to protect R and ongoing risks to J, that no viable family placement existed, and that further delay for assessment or therapy was speculative and contrary to J's welfare. Adoption was the only realistic and proportionate option, requiring the mother's consent to be dispensed with.

Parties
Applicant: A Local Authority; 1st Respondent: The mother; 2nd Respondent: The father; 3rd Respondent: J (by his Children’s guardian)
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Care order and placement order for adoption granted; mother's application for section 38(6) assessment and adjournment dismissed.
Legal Topics
Care Orders, Placement Orders, Adoption, Section 38(6) Assessments, Threshold Criteria, Jurisdiction Transfer, Parental Responsibility, Dispensing With Consent
Family Law Child Protection International Jurisdiction Care Orders Placement Orders Adoption Section 38(6) Assessments Threshold Criteria +3 more

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Parties

A Local Authority

Applicant

The mother

1st Respondent

The father

2nd Respondent

J (by his Children’s guardian)

3rd Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order is met under s.31(2) Children Act 1989
  2. 2 Whether a placement order for adoption should be made under Adoption and Children Act 2002
  3. 3 Whether a section 38(6) assessment in a mother and baby unit is appropriate

Ratio Decidendi

The court found that the threshold for a care order was crossed due to the mother's failure to protect R and ongoing risks to J, that no viable family placement existed, and that further delay for assessment or therapy was speculative and contrary to J's welfare. Adoption was the only realistic and proportionate option, requiring the mother's consent to be dispensed with.

Court Disposition

Care order and placement order for adoption granted; mother's application for section 38(6) assessment and adjournment dismissed.

Orders

  • Care order to be made for J
  • Placement order for adoption to be made for J