C (A Child : care order : placement order) [2017] EWFC B60 (04 May 2017)

C (A Child : care order : placement order) [2017] EWFC B60 (04 May 2017)

The threshold for a care order was crossed due to previous findings of harm to a sibling, lack of parental acceptance of responsibility, ongoing domestic abuse, and absence of suitable alternative carers. No realistic alternatives to adoption existed. C's welfare required the making of care and placement orders, and parental consent to adoption was properly dispensed with as nothing else would do to safeguard his welfare.

Citation
[2017] EWFC B60
Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; Third Respondent: C (A Child)
Jurisdiction
England and Wales
Judgment Date
04 May 2017
Procedural Posture
Care and Placement Order Application / Final Judgment
Outcome
Care order and placement order granted; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Parental Responsibility, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Parental Responsibility Welfare of the Child

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Parties

A Local Authority

Applicant

M

First Respondent

F

Second Respondent

C (A Child)

Third Respondent

Procedural Posture

Care and Placement Order Application / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order under s.31 Children Act 1989 is met
  2. 2 Whether a placement order for adoption should be made
  3. 3 Whether parental consent to adoption should be dispensed with

Ratio Decidendi

The threshold for a care order was crossed due to previous findings of harm to a sibling, lack of parental acceptance of responsibility, ongoing domestic abuse, and absence of suitable alternative carers. No realistic alternatives to adoption existed. C's welfare required the making of care and placement orders, and parental consent to adoption was properly dispensed with as nothing else would do to safeguard his welfare.

Court Disposition

Care order and placement order granted; parental consent to adoption dispensed with.

Orders

  • Care order in respect of C granted to the Local Authority
  • Placement order for adoption granted