C (A Child: Adoption)

C (A Child: Adoption)

The court found that the mother, despite support and opportunities, was unable to provide a safe, stable, and secure home for C, and no family member was available to care for her. Long-term foster care would not provide the necessary stability and sense of belonging. Adoption was the only option that would meet C's welfare best interests throughout her life. The father's application for parental responsibility was granted as he demonstrated commitment and a positive relationship with C. The welfare of C required dispensing with parental consent for adoption.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: C (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
Care and Placement Order Proceedings (public Law, Child Protection) / Final Hearing and Judgment
Outcome
Care order and placement order for adoption granted; father's application for parental responsibility granted; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Parental Responsibility, Welfare of the Child, Dispensing With Parental Consent, Best Interests of the Child
Family Law Child Protection Adoption Law Care Orders Placement Orders Parental Responsibility Welfare of the Child Dispensing With Parental Consent +1 more

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Parties

A Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

C (by her Children’s Guardian)

3rd Respondent

Procedural Posture

Care and Placement Order Proceedings (public Law, Child Protection) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a care order and placement order for adoption should be made in respect of C
  2. 2 Whether the father's application for parental responsibility should be granted
  3. 3 Whether the welfare of C requires dispensing with parental consent for adoption

Ratio Decidendi

The court found that the mother, despite support and opportunities, was unable to provide a safe, stable, and secure home for C, and no family member was available to care for her. Long-term foster care would not provide the necessary stability and sense of belonging. Adoption was the only option that would meet C's welfare best interests throughout her life. The father's application for parental responsibility was granted as he demonstrated commitment and a positive relationship with C. The welfare of C required dispensing with parental consent for adoption.

Court Disposition

Care order and placement order for adoption granted; father's application for parental responsibility granted; parental consent to adoption dispensed with.

Orders

  • Care order in favour of the Local Authority
  • Placement order for adoption of C