Durham County Council v A & Ors

Durham County Council v A & Ors

Adoption is the only option that meets the welfare needs of X and Y throughout their lives, providing permanence, security, and safety from the risks posed by Mr B, and outweighs the benefits of long-term fostering. The threshold criteria for care and placement orders are met. The welfare of X and Y requires dispensing with parental consent for adoption. A child arrangements order for Z to live with Mr C is in her best interests. Declarations of parentage for Mr C (re Z) and Mr B (re X) reflect the factual reality and are not contrary to welfare or public policy.

Parties
Applicant: Durham County Council; First Respondent: Ms A; Second Respondent: Mr B; Third Respondent: Mr C; Fourth to Sixth Respondents: X, Y and Z (by their Children’s Guardian, F)
Jurisdiction
England and Wales
Judgment Date
30 July 2025
Procedural Posture
Care and Placement Orders, Child Arrangements, and Declarations of Parentage / Final Judgment After Contested Hearing
Outcome
Care and placement orders for X and Y (adoption); child arrangements order for Z to live with Mr C; declarations of parentage for Mr C (re Z) and Mr B (re X); parental consent dispensed with for placement orders.
Legal Topics
Care Orders, Placement Orders, Adoption, Child Arrangements, Declaration of Parentage, Parental Responsibility, Sibling Contact, Domestic Abuse, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Child Arrangements Declaration of Parentage Parental Responsibility +3 more

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Parties

Durham County Council

Applicant

Ms A

First Respondent

Mr B

Second Respondent

Mr C

Third Respondent

X, Y and Z (by their Children’s Guardian, F)

Fourth to Sixth Respondents

Procedural Posture

Care and Placement Orders, Child Arrangements, and Declarations of Parentage / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to make placement orders for X and Y or long-term fostering
  2. 2 Whether to make a child arrangements order for Z to live with Mr C
  3. 3 Whether to grant declarations of parentage for Mr C (re Z) and Mr B (re X)

Ratio Decidendi

Adoption is the only option that meets the welfare needs of X and Y throughout their lives, providing permanence, security, and safety from the risks posed by Mr B, and outweighs the benefits of long-term fostering. The threshold criteria for care and placement orders are met. The welfare of X and Y requires dispensing with parental consent for adoption. A child arrangements order for Z to live with Mr C is in her best interests. Declarations of parentage for Mr C (re Z) and Mr B (re X) reflect the factual reality and are not contrary to welfare or public policy.

Court Disposition

Care and placement orders for X and Y (adoption); child arrangements order for Z to live with Mr C; declarations of parentage for Mr C (re Z) and Mr B (re X); parental consent dispensed with for placement orders.

Orders

  • Care and placement orders for X and Y, dispensing with consent of Ms A and Mr B
  • Child arrangements order for Z to live with Mr C