A v W & Ors No 2 (Welfare)

A v W & Ors No 2 (Welfare)

Further assessment of the mother is not necessary as existing evidence demonstrates she cannot provide the stability and care required for MY and MN; delay would be contrary to their welfare. Care and placement orders are proportionate and necessary to meet the children's needs, and parental consent can be dispensed with.

Parties
Applicant: A Local Authority; 1st Respondent: CM; 2nd Respondent: LW; 3rd & 4th Respondents: MY & MN (by their Children’s Guardian EJ)
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Care Proceedings / Final Judgment on Care and Placement Orders
Outcome
Care and placement orders granted for MY and MN; mother's application for further assessment refused.
Legal Topics
Care Orders, Placement Orders, Child Welfare, Parental Assessment, Adoption, Section 38(6) Children Act 1989
Family Law Child Protection Care Orders Placement Orders Child Welfare Parental Assessment Adoption Section 38(6) Children Act 1989

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Parties

A Local Authority

Applicant

CM

1st Respondent

LW

2nd Respondent

MY & MN (by their Children’s Guardian EJ)

3rd & 4th Respondents

Procedural Posture

Care Proceedings / Final Judgment on Care and Placement Orders

Legal Issues

  1. 1 Whether further assessment of the mother is necessary under s 38(6) Children Act 1989
  2. 2 Whether care and placement orders should be made for MY and MN
  3. 3 Whether the court can dispense with parental consent for placement orders

Ratio Decidendi

Further assessment of the mother is not necessary as existing evidence demonstrates she cannot provide the stability and care required for MY and MN; delay would be contrary to their welfare. Care and placement orders are proportionate and necessary to meet the children's needs, and parental consent can be dispensed with.

Court Disposition

Care and placement orders granted for MY and MN; mother's application for further assessment refused.

Orders

  • Care order in favour of the local authority for MY and MN
  • Placement order for MY and MN