Derby City Council v Mother of child W & Ors

Derby City Council v Mother of child W & Ors

The threshold for significant harm was met due to domestic abuse, parental dishonesty, and failure to prioritise the child’s needs. Neither parent had addressed the risks or demonstrated change. No family alternatives were available. Adoption was necessary and proportionate to meet the child’s lifelong welfare needs, and parental consent was dispensed with.

Parties
Applicant: Derby City Council; 1st Respondent: Mother of child W; 2nd Respondent: Father of child W; 3rd Respondent: Child W (Minor by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
09 February 2023
Procedural Posture
Care and Placement Order Application (child Protection) / Final Judgment
Outcome
Care order and placement order for adoption granted. Parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Domestic Abuse, Risk Assessment, Parental Capacity, Delay in Proceedings
Family Law Child Protection Care Orders Placement Orders Adoption Domestic Abuse Risk Assessment Parental Capacity +1 more

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Parties

Derby City Council

Applicant

Mother of child W

1st Respondent

Father of child W

2nd Respondent

Child W (Minor by her Children’s Guardian)

3rd Respondent

Procedural Posture

Care and Placement Order Application (child Protection) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for significant harm under section 31(2) Children Act 1989 is met
  2. 2 Whether a care order and placement order for adoption are necessary and proportionate for child W
  3. 3 Whether either parent can safely care for child W

Ratio Decidendi

The threshold for significant harm was met due to domestic abuse, parental dishonesty, and failure to prioritise the child’s needs. Neither parent had addressed the risks or demonstrated change. No family alternatives were available. Adoption was necessary and proportionate to meet the child’s lifelong welfare needs, and parental consent was dispensed with.

Court Disposition

Care order and placement order for adoption granted. Parental consent dispensed with.

Orders

  • Care order made in favour of Derby City Council for child W.
  • Placement order for adoption granted for child W.