Birmingham Children's Trust v S & Anor

Birmingham Children's Trust v S & Anor

The threshold for a final care order is met due to the mother's vulnerabilities, substance misuse, lack of engagement, and absence of alternative carers. A placement order for adoption is necessary and proportionate as no other option will meet the child's immediate and lifelong welfare needs. The Local Authority's plan for incremental reduction in contact is appropriate to support the child's welfare and transition to adoption.

Parties
Applicant: Birmingham Children’s Trust; First Respondent: S; Second Respondent: The Child (via their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 June 2025
Procedural Posture
Care and Adoption Proceedings / Final Judgment
Outcome
final care order and placement order for adoption granted; mother's consent dispensed with
Legal Topics
Care Orders, Placement for Adoption, Parental Responsibility, Contact Arrangements, Threshold Criteria
Family Law Child Protection Care Orders Placement for Adoption Parental Responsibility Contact Arrangements Threshold Criteria

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Parties

Birmingham Children’s Trust

Applicant

S

First Respondent

The Child (via their Children’s Guardian)

Second Respondent

Procedural Posture

Care and Adoption Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria for a final care order are met
  2. 2 Whether a placement order for adoption is necessary and proportionate
  3. 3 Appropriate arrangements for contact between mother and child

Ratio Decidendi

The threshold for a final care order is met due to the mother's vulnerabilities, substance misuse, lack of engagement, and absence of alternative carers. A placement order for adoption is necessary and proportionate as no other option will meet the child's immediate and lifelong welfare needs. The Local Authority's plan for incremental reduction in contact is appropriate to support the child's welfare and transition to adoption.

Court Disposition

final care order and placement order for adoption granted; mother's consent dispensed with

Orders

  • Final care order made in favour of the Local Authority
  • Placement order for adoption granted