LA v FM & Ors

LA v FM & Ors

The mother is unable to fully acknowledge and accept the findings of domestic violence and the father's responsibility for C's death, and cannot reliably protect the children from future significant harm within the timescales required for their welfare. The prospects for safe rehabilitation are very low, and further assessment would cause detrimental delay. The welfare needs of the children require permanent separation from their birth family and placement for adoption. Dispensing with parental consent is necessary to meet their lifelong welfare needs.

Parties
Applicant: LA; 1st Respondent: FM; 2nd Respondent: MA; 3rd Respondent: A; 4th Respondent: B
Jurisdiction
England and Wales
Judgment Date
05 November 2013
Procedural Posture
Care and Placement Order Proceedings / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Care orders and placement orders made for both children; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Domestic Violence, Child Welfare
Family Law Child Protection Adoption Care Orders Placement Orders Parental Responsibility Domestic Violence Child Welfare

Case Brief

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Parties

LA

Applicant

FM

1st Respondent

MA

2nd Respondent

A

3rd Respondent

B

4th Respondent

Procedural Posture

Care and Placement Order Proceedings / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether the mother can protect the children from future significant harm
  2. 2 Whether care and placement orders should be made resulting in permanent separation from the birth family
  3. 3 Whether parental consent to placement for adoption should be dispensed with

Ratio Decidendi

The mother is unable to fully acknowledge and accept the findings of domestic violence and the father's responsibility for C's death, and cannot reliably protect the children from future significant harm within the timescales required for their welfare. The prospects for safe rehabilitation are very low, and further assessment would cause detrimental delay. The welfare needs of the children require permanent separation from their birth family and placement for adoption. Dispensing with parental consent is necessary to meet their lifelong welfare needs.

Court Disposition

Care orders and placement orders made for both children; parental consent dispensed with.

Orders

  • Care order for each child
  • Placement order for each child