A Local Authority v M & Ors (Placement Order)

A Local Authority v M & Ors (Placement Order)

RP's lifelong welfare needs require stability, security, and permanence, best provided by care and placement orders with LR as prospective adopter. The emotional and psychological harm from severing RP's attachment to LR outweighs the benefits of placement in Poland or special guardianship. The court dispenses with parental consent under s 52 ACA 2002 and makes a placement order.

Parties
Applicant: A Local Authority; 1st Respondent: A Mother; 2nd Respondent: A Father; 3rd Respondent: RP (by her children’s Guardian); 4th Respondent: LR
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Care and placement orders granted; parental consent dispensed with under s 52 ACA 2002.
Legal Topics
Care Orders, Placement Orders, Adoption, Special Guardianship, Child Welfare, Sibling Contact, Cultural Heritage
Family Law Child Protection Adoption Care Orders Placement Orders Special Guardianship Child Welfare Sibling Contact +1 more

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Parties

A Local Authority

Applicant

A Mother

1st Respondent

A Father

2nd Respondent

RP (by her children’s Guardian)

3rd Respondent

LR

4th Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether RP's lifelong welfare needs are best met by a care and placement order, placement in Poland, or special guardianship order
  2. 2 Whether the court should dispense with parental consent under s 52 ACA 2002
  3. 3 Impact of severing RP's relationship with birth family and cultural heritage

Ratio Decidendi

RP's lifelong welfare needs require stability, security, and permanence, best provided by care and placement orders with LR as prospective adopter. The emotional and psychological harm from severing RP's attachment to LR outweighs the benefits of placement in Poland or special guardianship. The court dispenses with parental consent under s 52 ACA 2002 and makes a placement order.

Court Disposition

Care and placement orders granted; parental consent dispensed with under s 52 ACA 2002.

Orders

  • Care order made for RP.
  • Placement order made for RP.