Birmingham Childrens Trust v B & Ors

Birmingham Childrens Trust v B & Ors

The court found that both parents' ongoing dishonesty, toxic relationship, lack of openness with professionals, and inability to provide a safe environment for W meant that neither could safely care for the child. There were no alternative family carers. The threshold for care and placement orders was met, and adoption was necessary and proportionate to safeguard W's welfare.

Parties
Applicant: Birmingham Childrens Trust; First Respondent: B; Second Respondent: L; Third Respondent: The Child (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
28 October 2024
Procedural Posture
Care and Placement Proceedings (family) / Final Judgment
Outcome
Final care order and placement order for adoption granted. Parents' consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Domestic Abuse, Mental Health, Child Welfare
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Domestic Abuse Mental Health +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 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Birmingham Childrens Trust

Applicant

B

First Respondent

L

Second Respondent

The Child (by their Children’s Guardian)

Third Respondent

Procedural Posture

Care and Placement Proceedings (family) / Final Judgment

Legal Issues

  1. 1 Whether the child W should be placed in the care of either parent or be subject to a placement order for adoption
  2. 2 Whether the threshold for care and placement orders is met
  3. 3 Whether the parents' relationship and conduct pose a risk to the child

Ratio Decidendi

The court found that both parents' ongoing dishonesty, toxic relationship, lack of openness with professionals, and inability to provide a safe environment for W meant that neither could safely care for the child. There were no alternative family carers. The threshold for care and placement orders was met, and adoption was necessary and proportionate to safeguard W's welfare.

Court Disposition

Final care order and placement order for adoption granted. Parents' consent to adoption dispensed with.

Orders

  • Final care order for W
  • Placement order for W