W (A Child), Re

W (A Child), Re

The court finds the allegations of sexual abuse against N proved on the balance of probabilities, and concludes that the grandmother cannot provide a reliably protective environment for W. The threshold for care and placement orders is crossed, and adoption is necessary and proportionate in W's interests.

Source-derived case information.

Parties
Applicant: Lancashire County Council; 1st Respondent: SB; 2nd Respondent: SH; 3rd Respondent: WH (a Child by his Children’s Guardian); Intervener: NB (a Child by the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
21 March 2013
Procedural Posture
Care and Placement Order Proceedings / Final Judgment After Combined Fact Finding and Welfare Hearing
Outcome
Care order and placement order granted; mother's consent to placement dispensed with.
Legal Topics
Care Orders, Placement Orders, Child Sexual Abuse Allegations, Parenting Capacity, Adoption, Article 8 ECHR
Family Law Child Protection Care Orders Placement Orders Child Sexual Abuse Allegations Parenting Capacity Adoption Article 8 ECHR

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Parties

Lancashire County Council

Applicant

SB

1st Respondent

SH

2nd Respondent

WH (a Child by his Children’s Guardian)

3rd Respondent

NB (a Child by the Official Solicitor)

Intervener

Procedural Posture

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

Legal Issues

  1. 1 Whether allegations of sexual abuse against N are proved
  2. 2 Whether grandmother can provide safe parenting for W
  3. 3 Whether threshold for care and placement orders is crossed

Ratio Decidendi

The court finds the allegations of sexual abuse against N proved on the balance of probabilities, and concludes that the grandmother cannot provide a reliably protective environment for W. The threshold for care and placement orders is crossed, and adoption is necessary and proportionate in W's interests.

Court Disposition

Care order and placement order granted; mother's consent to placement dispensed with.

Orders

  • Care order for W
  • Placement order for W