T (A Child) [2014] EWFC B79 (05 June 2014)

T (A Child) [2014] EWFC B79 (05 June 2014)

The court finds that the grandparents cannot provide sufficiently protective care for T due to minimisation of risks, lack of engagement with agencies, and divided loyalties. The Local Authority's concerns are substantiated. Nothing short of adoption will secure T's welfare; therefore, a Placement Order is necessary and parental consent is properly dispensed with.

Citation
[2014] EWFC B79
Parties
Mother: SG; Father: B; Child: T; Applicant: Local Authority; Respondents/applicants for SGO: Maternal Grandmother and Step Grandfather; Intervener: Guardian
Jurisdiction
England and Wales
Judgment Date
05 June 2014
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Care Order and Placement Order granted; Special Guardianship Order application refused.
Legal Topics
Care Order, Placement Order, Special Guardianship Order, Adoption, Parental Responsibility, Domestic Violence, Child Welfare, Article 8 ECHR
Family Law Child Protection Care Order Placement Order Special Guardianship Order Adoption Parental Responsibility Domestic Violence +2 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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

SG

Mother

B

Father

T

Child

Local Authority

Applicant

Maternal Grandmother and Step Grandfather

Respondents/applicants for SGO

Guardian

Intervener

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether a Placement Order is necessary for T or if a Special Guardianship Order in favour of the grandparents is a viable option
  2. 2 Whether the Local Authority's assessments of the grandparents were fair and unbiased
  3. 3 Whether the grandparents can provide 'good enough' care for T and protect her from risks posed by the parents

Ratio Decidendi

The court finds that the grandparents cannot provide sufficiently protective care for T due to minimisation of risks, lack of engagement with agencies, and divided loyalties. The Local Authority's concerns are substantiated. Nothing short of adoption will secure T's welfare; therefore, a Placement Order is necessary and parental consent is properly dispensed with.

Court Disposition

Care Order and Placement Order granted; Special Guardianship Order application refused.

Orders

  • Final Care Order made in respect of T
  • Placement Order made in respect of T