KCC v Mother & Ors.

KCC v Mother & Ors.

The risks posed by the father and mother to D and C are of the highest order and cannot be adequately mitigated by placement with the maternal aunt and uncle. The aunt and uncle lack sufficient insight into the risks and would be vulnerable to pressure from the parents. Adoption offers greater security and is necessary and proportionate to safeguard the children's welfare throughout their lives. Nothing else will do.

Parties
Applicant: KCC; 1st Respondent: Mother; 2nd Respondent: Father; 3rd–4th Respondents: D and C (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Care and Placement Order Application / Final Judgment
Outcome
Care and placement orders granted for D and C; parental consent dispensed with; application for adjournment refused.
Legal Topics
Care Orders, Placement Orders, Kinship Assessment, Adoption, Risk Assessment, Parental Consent, Sibling Contact, Proportionality, Human Rights
Family Law Child Protection Adoption Care Orders Placement Orders Kinship Assessment Risk Assessment Parental Consent +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

KCC

Applicant

Mother

1st Respondent

Father

2nd Respondent

D and C (through their Children’s Guardian)

3rd–4th Respondents

Procedural Posture

Care and Placement Order Application / Final Judgment

Legal Issues

  1. 1 Whether care and placement orders should be granted for D and C
  2. 2 Whether placement with maternal aunt and uncle is viable
  3. 3 Whether parental consent should be dispensed with

Ratio Decidendi

The risks posed by the father and mother to D and C are of the highest order and cannot be adequately mitigated by placement with the maternal aunt and uncle. The aunt and uncle lack sufficient insight into the risks and would be vulnerable to pressure from the parents. Adoption offers greater security and is necessary and proportionate to safeguard the children's welfare throughout their lives. Nothing else will do.

Court Disposition

Care and placement orders granted for D and C; parental consent dispensed with; application for adjournment refused.

Orders

  • Care order for D
  • Care order for C