A Local Authority v XYZ (No 2)

Adoption is the only option compatible with Y's welfare throughout his life; both parents are ruled out as carers due to entrenched problems and negative assessments. No realistic prospect exists that a psychological assessment would alter the conclusion. The threshold for care and placement orders is met, and nothing else will do.

Parties: Applicant: A Local Authority; First Respondent: X (The Mother); Second Respondent: Y (The Child) (by his Guardian, G); Third Respondent: Z (The Father); First and Second Interveners: P and Q (Foster Carers); Third Intervener: U (Maternal Uncle)
Jurisdiction: England and Wales
Judgment Date: 03 July 2015
Procedural Posture: Care and Placement Order Proceedings / Final Welfare Judgment
Outcome: Care order and placement order for adoption granted; parental consent dispensed with.
Legal Topics: Care Orders, Placement Orders, Adoption, Parental Consent, Welfare of the Child

Family Law Child Protection Care Orders Placement Orders Adoption Parental Consent Welfare of the Child

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Parties

A Local Authority

Applicant

X (The Mother)

First Respondent

Y (The Child) (by his Guardian, G)

Second Respondent

Z (The Father)

Third Respondent

P and Q (Foster Carers)

First and Second Interveners

U (Maternal Uncle)

Third Intervener

Procedural Posture

Care and Placement Order Proceedings / Final Welfare Judgment

Legal Issues

1 Whether to make a full care order and placement order for adoption for Y
2 Whether parental consent to adoption should be dispensed with
3 Whether a psychological assessment of the Father is necessary

Ratio Decidendi

Court Disposition

Care order and placement order for adoption granted; parental consent dispensed with.

Orders

Full care order made for Y
Placement order for adoption made