A & B (Children) (deaf parent - assessment and practice) [2021] EWFC 10 (09 February 2021)

A & B (Children) (deaf parent - assessment and practice) [2021] EWFC 10 (09 February 2021)

The court held that, despite some deficiencies in the local authority's approach to making reasonable adjustments for the deaf parent, the threshold for care and placement orders was met and adoption was in the children's best interests. The court found that the local authority's failures did not amount to a breach that would prevent the making of the orders sought. The court emphasised the need for future compliance with obligations to disabled parents but concluded that the children's welfare required adoption.

Citation
[2021] EWFC 10
Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; 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 (family Law) / Final Hearing
Outcome
Care and placement orders granted for both children; plan for adoption approved.
Legal Topics
Care Orders, Placement Orders, Adoption, Disability Discrimination, Procedural Fairness, Reasonable Adjustments, Deafness and Access to Justice
Family Law Disability Law Child Protection Care Orders Placement Orders Adoption Disability Discrimination Procedural Fairness +2 more

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Parties

A Local Authority

Applicant

M

First Respondent

F

Second Respondent

A and B (by their guardian)

Third and Fourth Respondents

Procedural Posture

Care and Placement Orders (family Law) / Final Hearing

Legal Issues

  1. 1 Whether the local authority and court made sufficient reasonable adjustments for a deaf parent under the Equality Act 2010
  2. 2 Whether the children should be placed for adoption or long-term foster care
  3. 3 Whether the local authority's assessments and support for the deaf parent were adequate and lawful

Ratio Decidendi

The court held that, despite some deficiencies in the local authority's approach to making reasonable adjustments for the deaf parent, the threshold for care and placement orders was met and adoption was in the children's best interests. The court found that the local authority's failures did not amount to a breach that would prevent the making of the orders sought. The court emphasised the need for future compliance with obligations to disabled parents but concluded that the children's welfare required adoption.

Court Disposition

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

Orders

  • Care orders made for A and B.
  • Placement orders made for A and B.