HA (A Child) , Re

There is no realistic prospect of H being safely returned to her mother's care due to entrenched deficiencies in parenting, lack of insight, vulnerability, and inability to meet H's needs even with support. H's welfare requires adoption, and the mother's consent is dispensed with.

Parties: Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: GM; Third Respondent: HA (a minor through her Guardian)
Jurisdiction: England and Wales
Judgment Date: 28 November 2013
Procedural Posture: Care and Placement Order Proceedings / Final Judgment
Outcome: Care order and placement order made; mother's consent to adoption dispensed with.
Legal Topics: Care Orders, Placement Orders, Adoption, Parental Capacity, Learning Disability, Child Welfare, Threshold Criteria, Dispensing With Parental Consent

Family Law Child Protection Care Orders Placement Orders Adoption Parental Capacity Learning Disability Child Welfare +2 more

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2

Parties

A Local Authority

Applicant

A Mother

First Respondent

Second Respondent

HA (a minor through her Guardian)

Third Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

1 Whether the threshold criteria for a care order under section 31 of the Children Act 1989 are satisfied
2 Whether H should be placed for adoption or returned to her mother's care
3 Whether the mother's consent to adoption should be dispensed with

Ratio Decidendi

Court Disposition

Care order and placement order made; mother's consent to adoption dispensed with.

Orders

Care order in respect of H
Placement order authorising adoption of H