Birmingham City Council v EH & Anor

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

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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

  1. 1 Whether threshold criteria for care order are met
  2. 2 Whether placement order for adoption is necessary and proportionate
  3. 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