E (Care Orders and Placement Orders) [2018] EWFC B44 (10 August 2018)

E (Care Orders and Placement Orders) [2018] EWFC B44 (10 August 2018)

The threshold criteria under s.31 Children Act 1989 are met due to chronic neglect, emotional harm, and exposure to domestic abuse. The mother has not demonstrated sustained change or protective capacity, and no viable family placements exist. The welfare of each child requires removal from parental care. For the youngest four children, adoption is necessary and proportionate as no less radical option will safeguard their welfare. The consent of the parents to placement orders is dispensed with as required by the children's welfare.

Citation
[2018] EWFC B44
Parties
Applicant: LA; Respondent Mother: M (Mother); Respondent Father: ME (Father); Respondent Children: A, J, O, H, R, F (Children)
Jurisdiction
England and Wales
Judgment Date
10 August 2018
Procedural Posture
Care and Placement Orders (children Act 1989) / Final Hearing and Judgment
Outcome
Care Orders made in respect of all six children; Placement Orders made in respect of the youngest four children (O, H, R, F); parental consent to placement orders dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Welfare Checklist, Parental Responsibility, Article 8 ECHR, Significant Harm
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Welfare Checklist Parental Responsibility +2 more

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Parties

LA

Applicant

M (Mother)

Respondent Mother

ME (Father)

Respondent Father

A, J, O, H, R, F (Children)

Respondent Children

Procedural Posture

Care and Placement Orders (children Act 1989) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for all six children
  2. 2 Whether Care Orders and Placement Orders are necessary and proportionate for the welfare of the children
  3. 3 Whether the children should be placed with the mother, in foster care, or for adoption

Ratio Decidendi

The threshold criteria under s.31 Children Act 1989 are met due to chronic neglect, emotional harm, and exposure to domestic abuse. The mother has not demonstrated sustained change or protective capacity, and no viable family placements exist. The welfare of each child requires removal from parental care. For the youngest four children, adoption is necessary and proportionate as no less radical option will safeguard their welfare. The consent of the parents to placement orders is dispensed with as required by the children's welfare.

Court Disposition

Care Orders made in respect of all six children; Placement Orders made in respect of the youngest four children (O, H, R, F); parental consent to placement orders dispensed with.

Orders

  • Care Orders for A, J, O, H, R, F
  • Placement Orders for O, H, R, F