T (A Child) [2019] EWFC B26 (06 May 2019)

T (A Child) [2019] EWFC B26 (06 May 2019)

The court found that despite four years of intensive support in a mother and baby foster placement, the mother was unable to provide consistent, good enough parenting or independent living skills. Professional evidence was unanimous that T’s welfare required placement away from her mother. The partner’s mother was not a realistic alternative carer, having failed a viability assessment and shown no meaningful engagement or relationship with T. Adoption was the only option that would adequately safeguard and promote T’s welfare throughout her life. The court dispensed with parental consent as T’s welfare required it.

Citation
[2019] EWFC B26
Parties
Applicant: A Local Authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: T (the child through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 May 2019
Procedural Posture
Family Placement Order Application / Final Hearing and Judgment
Outcome
Placement order granted; parental consent dispensed with under s52(1)(b) Adoption and Children Act 2002.
Legal Topics
Placement Order, Adoption, Parental Consent, Welfare of the Child, Care Proceedings, Learning Disability and Parenting, Assessment of Alternative Carers
Family Law Child Law Placement Order Adoption Parental Consent Welfare of the Child Care Proceedings Learning Disability and Parenting +1 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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Local Authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

T (the child through their Children’s Guardian)

3rd Respondent

Procedural Posture

Family Placement Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to grant a placement order for T and dispense with parental consent under s52(1)(b) Adoption and Children Act 2002
  2. 2 Whether an assessment of the mother's partner's mother as a carer is necessary
  3. 3 Whether adoption or long-term foster care best meets T's welfare needs

Ratio Decidendi

The court found that despite four years of intensive support in a mother and baby foster placement, the mother was unable to provide consistent, good enough parenting or independent living skills. Professional evidence was unanimous that T’s welfare required placement away from her mother. The partner’s mother was not a realistic alternative carer, having failed a viability assessment and shown no meaningful engagement or relationship with T. Adoption was the only option that would adequately safeguard and promote T’s welfare throughout her life. The court dispensed with parental consent as T’s welfare required it.

Court Disposition

Placement order granted; parental consent dispensed with under s52(1)(b) Adoption and Children Act 2002.

Orders

  • Placement order made for T
  • Parental consent to adoption dispensed with