A Local Authority v XYZ (No 2) [2015] EWFC 70 (03 July 2015)

A Local Authority v XYZ (No 2) [2015] EWFC 70 (03 July 2015)

Given the negative parenting assessments, the entrenched and longstanding difficulties of the Mother, the Father's inability to provide safe and stable care, and the lack of any other viable permanent carer, Y's welfare requires a care order and a placement order for adoption. Dispensing with parental consent is justified as nothing else will do to secure Y's long-term welfare and permanence. A psychological assessment of the Father is not necessary as there is no realistic prospect it would alter the outcome within Y's timescales.

Citation
[2015] EWFC 70
Parties
Applicant: A Local Authority; First Respondent: X (The Mother); Second Respondent: Y (The Child) (by his Guardian, G); Third Respondent: Z (The Father); First and Second Interveners: P and Q (Foster Carers); Third Intervener: U (Maternal Uncle)
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Care Proceedings and Application for Placement Order / Final Welfare Judgment
Outcome
Final care order and placement order for adoption granted. Parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare of the Child, Dispensing With Parental Consent
Family Law Child Law Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Welfare of the Child +1 more

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Parties

A Local Authority

Applicant

X (The Mother)

First Respondent

Y (The Child) (by his Guardian, G)

Second Respondent

Z (The Father)

Third Respondent

P and Q (Foster Carers)

First and Second Interveners

U (Maternal Uncle)

Third Intervener

Procedural Posture

Care Proceedings and Application for Placement Order / Final Welfare Judgment

Legal Issues

  1. 1 Whether to make a final care order and placement order for adoption in respect of Y
  2. 2 Whether to dispense with parental consent to adoption
  3. 3 Whether a psychological assessment of the father is necessary

Ratio Decidendi

Given the negative parenting assessments, the entrenched and longstanding difficulties of the Mother, the Father's inability to provide safe and stable care, and the lack of any other viable permanent carer, Y's welfare requires a care order and a placement order for adoption. Dispensing with parental consent is justified as nothing else will do to secure Y's long-term welfare and permanence. A psychological assessment of the Father is not necessary as there is no realistic prospect it would alter the outcome within Y's timescales.

Court Disposition

Final care order and placement order for adoption granted. Parental consent to adoption dispensed with.

Orders

  • Full care order made in respect of Y
  • Placement order for adoption made