A Local Authority v M & Ors (Placement Order) [2019] EWFC 50 (24 May 2019)

A Local Authority v M & Ors (Placement Order) [2019] EWFC 50 (24 May 2019)

The court determined that RP's welfare required the making of care and placement orders, as the stability, permanence, and security provided by adoption with LR outweighed the benefits of placement in Poland or under a special guardianship order. The risk of emotional and psychological harm from severing RP's primary attachment to LR, the lack of permanence in the Polish placement, and the potential instability of a special guardianship order due to parental opposition and history of abduction, meant that nothing short of adoption would meet RP's lifelong welfare needs.

Citation
[2019] EWFC 50
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 Proceedings Under Children Act 1989 and Adoption and Children Act 2002 / Final Hearing After Remittal From Court of Appeal
Outcome
Care order and placement order made; parental consent dispensed with under s.52 ACA 2002.
Legal Topics
Care Orders, Placement Orders, Adoption, Special Guardianship, Child Welfare, Sibling Contact, Cultural Heritage, Parental Responsibility, International Placement
Family Law Child Law Care Orders Placement Orders Adoption Special Guardianship Child Welfare Sibling Contact +3 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 Proceedings Under Children Act 1989 and Adoption and Children Act 2002 / Final Hearing After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether to make a care and placement order for RP or place her in Poland under a care order or special guardianship order
  2. 2 Whether RP's welfare requires dispensing with parental consent for adoption
  3. 3 How to balance RP's attachment to her foster carer/adopter (LR) against her cultural and familial ties to Poland

Ratio Decidendi

The court determined that RP's welfare required the making of care and placement orders, as the stability, permanence, and security provided by adoption with LR outweighed the benefits of placement in Poland or under a special guardianship order. The risk of emotional and psychological harm from severing RP's primary attachment to LR, the lack of permanence in the Polish placement, and the potential instability of a special guardianship order due to parental opposition and history of abduction, meant that nothing short of adoption would meet RP's lifelong welfare needs.

Court Disposition

Care order and placement order made; parental consent dispensed with under s.52 ACA 2002.

Orders

  • Care order in respect of RP
  • Placement order authorising adoption of RP