A Local Authority v The Mother & Ors [2024] EWFC 474 (29 November 2024)

A Local Authority v The Mother & Ors [2024] EWFC 474 (29 November 2024)

The court found that, despite the strong sibling and parental bonds, the chronic harm suffered, the parents' inability to change, and the need for permanence and stability for D and E mean that adoption is the only realistic option to meet their welfare needs. The risks and instability of long-term foster care, the lack of realistic prospect of parental rehabilitation, and the positive prospects for adoption outweigh the harm of attenuated family relationships. The court is satisfied that the welfare checklist and statutory requirements are met and that parental consent to adoption should be dispensed with.

Citation
[2024] EWFC 474
Parties
Applicant: A Local Authority; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd and 4th Respondents: D and E (Minors by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Care and Placement Order Application (family Court) / Final Hearing and Judgment
Outcome
Care orders and placement orders made for D and E; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Long Term Foster Care, Welfare of the Child, Parental Responsibility, Sibling Contact
Family Law Child Protection Care Orders Placement Orders Adoption Long Term Foster Care Welfare of the Child Parental Responsibility +1 more

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Parties

A Local Authority

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

D and E (Minors by their Children's Guardian)

3rd and 4th Respondents

Procedural Posture

Care and Placement Order Application (family Court) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether care and placement orders should be made for D and E
  2. 2 Whether adoption or long-term foster care best promotes the welfare of D and E
  3. 3 Whether the court should dispense with parental consent for adoption

Ratio Decidendi

The court found that, despite the strong sibling and parental bonds, the chronic harm suffered, the parents' inability to change, and the need for permanence and stability for D and E mean that adoption is the only realistic option to meet their welfare needs. The risks and instability of long-term foster care, the lack of realistic prospect of parental rehabilitation, and the positive prospects for adoption outweigh the harm of attenuated family relationships. The court is satisfied that the welfare checklist and statutory requirements are met and that parental consent to adoption should be dispensed with.

Court Disposition

Care orders and placement orders made for D and E; parental consent to adoption dispensed with.

Orders

  • Final care orders for D and E
  • Placement orders authorising adoption