A & B (Children) (deaf parent - assessment and practice)

A & B (Children) (deaf parent - assessment and practice)

The children’s welfare requires permanent, stable family life which can only be achieved through adoption. Long-term foster care would not provide sufficient certainty or security, and the detriments outweigh the benefits. The threshold for care orders is met, and placement orders are proportionate and necessary. Reasonable adjustments for the deaf parent were not consistently made, but the children’s needs and best interests prevail.

Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; Children/third and Fourth Respondents: A and B (by their guardian)
Jurisdiction
England and Wales
Judgment Date
09 February 2021
Procedural Posture
Care and Placement Orders (children) / Final Hearing
Outcome
Care orders and placement orders granted for both children; plan for adoption approved.
Legal Topics
Care Orders, Placement Orders, Adoption, Equality Act 2010, Procedural Fairness, Deafness and Disability, Parental Capacity, Domestic Abuse
Family Law Child Protection Disability Law Care Orders Placement Orders Adoption Equality Act 2010 Procedural Fairness +3 more

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Parties

A Local Authority

Applicant

M

First Respondent

F

Second Respondent

A and B (by their guardian)

Children/third and Fourth Respondents

Procedural Posture

Care and Placement Orders (children) / Final Hearing

Legal Issues

  1. 1 Whether the children should be placed for adoption or long-term foster care
  2. 2 Whether the local authority and court made reasonable adjustments for a deaf parent
  3. 3 Assessment of parental capacity and risk of harm

Ratio Decidendi

The children’s welfare requires permanent, stable family life which can only be achieved through adoption. Long-term foster care would not provide sufficient certainty or security, and the detriments outweigh the benefits. The threshold for care orders is met, and placement orders are proportionate and necessary. Reasonable adjustments for the deaf parent were not consistently made, but the children’s needs and best interests prevail.

Court Disposition

Care orders and placement orders granted for both children; plan for adoption approved.

Orders

  • Care order for A
  • Care order for B