A Local Authority v Mother & Ors

A Local Authority v Mother & Ors

Care and placement orders are necessary and proportionate for both children as nothing else will do; neither parent nor grandmother can safely care for the children, and adoption provides the required permanence and stability.

Parties
Applicant: A Local Authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: Grandmother; 4th and 5th Respondents: A and B (the children through their guardian)
Jurisdiction
England and Wales
Judgment Date
09 January 2025
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Care and placement orders granted for both children; parents' consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Welfare Checklist, Drug Use, Kinship Assessment, Contact Arrangements
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Welfare Checklist Drug Use +2 more

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Parties

A Local Authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

Grandmother

3rd Respondent

A and B (the children through their guardian)

4th and 5th Respondents

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria for care order under Section 31 Children Act 1989 are met
  2. 2 Whether care and placement orders should be made for A and B
  3. 3 Whether further assessment of mother or grandmother is necessary

Ratio Decidendi

Care and placement orders are necessary and proportionate for both children as nothing else will do; neither parent nor grandmother can safely care for the children, and adoption provides the required permanence and stability.

Court Disposition

Care and placement orders granted for both children; parents' consent dispensed with.

Orders

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