A London Local Authority v Marten & Ors (Final Welfare Hearing)

A London Local Authority v Marten & Ors (Final Welfare Hearing)

The court found that the risks of harm to the children from their parents remain as great or greater than at the time of the fact-finding hearing, including risk of physical violence, failure to provide medical care, and emotional harm from inconsistent contact. The parents have not engaged with assessments, do not accept the court's findings, and there is no real prospect of change within the children's timescales. Adoption is the only realistic option; nothing else will do. The advantages of adoption outweigh the disadvantages, and the welfare of the children requires dispensing with parental consent.

Parties
Applicant: A London Local Authority; First Respondent: Constance Marten; Second Respondent: Mark Gordon; Children's Guardian: Christina Whittaker
Jurisdiction
England and Wales
Judgment Date
28 January 2022
Procedural Posture
Care and Placement Proceedings / Final Welfare Hearing
Outcome
Final care and placement orders granted for all four children; parental consent to adoption dispensed with; permission to appeal refused.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Contact Arrangements, Dispensing With Parental Consent
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Contact Arrangements +1 more

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Parties

A London Local Authority

Applicant

Constance Marten

First Respondent

Mark Gordon

Second Respondent

Christina Whittaker

Children's Guardian

Procedural Posture

Care and Placement Proceedings / Final Welfare Hearing

Legal Issues

  1. 1 Whether final care and placement orders should be made for four siblings
  2. 2 Whether parental consent to adoption should be dispensed with
  3. 3 Whether further assessment or adjournment is necessary

Ratio Decidendi

The court found that the risks of harm to the children from their parents remain as great or greater than at the time of the fact-finding hearing, including risk of physical violence, failure to provide medical care, and emotional harm from inconsistent contact. The parents have not engaged with assessments, do not accept the court's findings, and there is no real prospect of change within the children's timescales. Adoption is the only realistic option; nothing else will do. The advantages of adoption outweigh the disadvantages, and the welfare of the children requires dispensing with parental consent.

Court Disposition

Final care and placement orders granted for all four children; parental consent to adoption dispensed with; permission to appeal refused.

Orders

  • Care orders for A, B, C, and D
  • Placement orders for A, B, C, and D