H (A child : placement order) [2017] EWFC B105 (21 November 2017)

H (A child : placement order) [2017] EWFC B105 (21 November 2017)

The court found that all realistic kinship placement options had been explored and were not viable, that H could not be safely returned to her parents, and that adoption was necessary and proportionate to secure her welfare throughout her life. The deficiencies and delays caused by the local authority did not alter the necessity for adoption. The court dispensed with parental consent and made a placement order for H.

Citation
[2017] EWFC B105
Parties
Applicant: LA; First Respondent Father: F; Second Respondent Mother: M; Child/respondent: H (by her Children's Guardian Aileen Firth)
Jurisdiction
England and Wales
Judgment Date
21 November 2017
Procedural Posture
Placement Order Application (family Court) / Final Judgment
Outcome
Placement order granted; parental consent dispensed with.
Legal Topics
Adoption, Placement Orders, Care Proceedings, Welfare of the Child, Parental Consent Dispensation
Family Law Child Law Adoption Placement Orders Care Proceedings Welfare of the Child Parental Consent Dispensation

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Parties

LA

Applicant

F

First Respondent Father

M

Second Respondent Mother

H (by her Children's Guardian Aileen Firth)

Child/respondent

Procedural Posture

Placement Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether a placement order for adoption should be made in respect of H
  2. 2 Whether all realistic kinship placement options have been explored
  3. 3 Whether the local authority's approach and assessments met statutory and good practice requirements

Ratio Decidendi

The court found that all realistic kinship placement options had been explored and were not viable, that H could not be safely returned to her parents, and that adoption was necessary and proportionate to secure her welfare throughout her life. The deficiencies and delays caused by the local authority did not alter the necessity for adoption. The court dispensed with parental consent and made a placement order for H.

Court Disposition

Placement order granted; parental consent dispensed with.

Orders

  • Placement order made in respect of H.
  • Copy of Mrs Gaskin’s report, Mrs Firth’s report, and expedited transcript of judgment to be sent to the director of Children’s Services, who must file a response to criticisms within 14 days.