MB, PB and AL (Children), Re [2014] EWCC B45 (Fam) (16 April 2014)

MB, PB and AL (Children), Re [2014] EWCC B45 (Fam) (16 April 2014)

The court found that while the great-grandparents are currently capable and suitable carers for AL, their age and lack of a reliable long-term support network mean they cannot provide care for the duration of AL's minority. The absence of a sustainable alternative family support plan means that adoption is the only option that meets AL's welfare needs for permanence and stability. Therefore, a placement order for adoption is justified as 'nothing else will do.'

Citation
[2014] EWCC B45 (Fam)
Parties
Applicant: Local Authority; Subject: MB (child); Subject: PB (child); Subject: AL (child); Father of MB: AW; Father of PB and AL: LL; Maternal Grandmother: AB; Maternal Aunt: LG; Maternal Great Grandparents: GGPs (GGF and GGM)
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Care and Placement Orders (family Law) / Final Hearing and Judgment
Outcome
Care orders made for MB and PB; care and placement orders for adoption made for AL; parental responsibility order for AW to be considered separately.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Kinship Care, Threshold Criteria, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Kinship Care Threshold Criteria +1 more

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Parties

Local Authority

Applicant

MB (child)

Subject

PB (child)

Subject

AL (child)

Subject

AW

Father of MB

LL

Father of PB and AL

AB

Maternal Grandmother

LG

Maternal Aunt

GGPs (GGF and GGM)

Maternal Great Grandparents

Procedural Posture

Care and Placement Orders (family Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether care orders should be made for MB, PB, and AL
  2. 2 Whether a placement order for adoption should be made for AL
  3. 3 Whether AL should be placed with her great-grandparents or adopted

Ratio Decidendi

The court found that while the great-grandparents are currently capable and suitable carers for AL, their age and lack of a reliable long-term support network mean they cannot provide care for the duration of AL's minority. The absence of a sustainable alternative family support plan means that adoption is the only option that meets AL's welfare needs for permanence and stability. Therefore, a placement order for adoption is justified as 'nothing else will do.'

Court Disposition

Care orders made for MB and PB; care and placement orders for adoption made for AL; parental responsibility order for AW to be considered separately.

Orders

  • Care orders granted for MB and PB to remain with current foster carers.
  • Care order and placement order for adoption granted for AL.