Birmingham City Council v EH & Anor
The threshold for care and placement orders is met due to the mother's longstanding substance misuse, lack of engagement, and inability to provide safe care. There are no realistic alternative carers. Adoption is necessary and proportionate to safeguard the child's welfare, and nothing else will do.
- Parties
- Applicant: Birmingham City Council; First Respondent: EH; Second Respondent: The Child (Through his Children’s Guardian)
- Jurisdiction
- England and Wales
- Judgment Date
- 04 July 2025
- Procedural Posture
- Care and Placement Order Application / Final Hearing
- Outcome
- Final care order and placement order granted; mother's consent dispensed with.
- Legal Topics
- Care Orders, Placement Orders, Adoption, Parental Consent, Child Welfare
Case Brief
Summary, issues, holding and outcome
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Parties
Birmingham City Council
Applicant
EH
First Respondent
The Child (Through his Children’s Guardian)
Second Respondent
Procedural Posture
Care and Placement Order Application / Final Hearing
Legal Issues
- 1 Whether threshold criteria for care order are met
- 2 Whether placement order for adoption is necessary and proportionate
- 3 Whether mother's consent should be dispensed with
Ratio Decidendi
The threshold for care and placement orders is met due to the mother's longstanding substance misuse, lack of engagement, and inability to provide safe care. There are no realistic alternative carers. Adoption is necessary and proportionate to safeguard the child's welfare, and nothing else will do.
Court Disposition
Final care order and placement order granted; mother's consent dispensed with.
Orders
- Final care order made
- Final placement order made
Full Case Text
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