A, B & C (Children: Adoption), Re

A, B & C (Children: Adoption), Re

The parents' persistent dishonesty, refusal to cooperate with professionals, and risk of absconding placed the children at real risk of significant harm. There was no realistic prospect of change within the children's timescales. Adoption, with all three children placed together, was the only proportionate and welfare-compliant option. The threshold criteria were met and parental consent to adoption was dispensed with.

Parties
Applicant: A Local Authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd – 5th Respondents: A, B and C (Children through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
10 August 2020
Procedural Posture
Care and Adoption Proceedings / Final Judgment
Outcome
Care orders and placement orders for adoption made for all three children; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Parental Consent to Adoption, Welfare of the Child, Domestic Abuse, Non Cooperation With Authorities
Family Law Child Protection Adoption Care Orders Placement Orders Threshold Criteria Parental Consent to Adoption Welfare of the Child +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Local Authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

A, B and C (Children through their Children’s Guardian)

3rd – 5th Respondents

Procedural Posture

Care and Adoption Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met for care and placement orders
  2. 2 Whether parental consent to adoption should be dispensed with under s.52(1)(b) Adoption and Children Act 2002
  3. 3 What placement is in the welfare best interests of the children

Ratio Decidendi

The parents' persistent dishonesty, refusal to cooperate with professionals, and risk of absconding placed the children at real risk of significant harm. There was no realistic prospect of change within the children's timescales. Adoption, with all three children placed together, was the only proportionate and welfare-compliant option. The threshold criteria were met and parental consent to adoption was dispensed with.

Court Disposition

Care orders and placement orders for adoption made for all three children; parental consent to adoption dispensed with.

Orders

  • Care order in respect of each child
  • Placement order in respect of each child for adoption