RBWM v H & O [2015] EWFC B170 (22 October 2015)

RBWM v H & O [2015] EWFC B170 (22 October 2015)

The threshold for significant harm under s.31(2) Children Act 1989 is met due to ongoing risks from parental dishonesty, inability to separate, domestic violence, and alcohol misuse. Neither parent nor SO can provide safe, stable care for K. Adoption is the only realistic option to secure K's welfare, stability, and permanency.

Citation
[2015] EWFC B170
Parties
Child: K; Mother: MH; Father: JO; Applicant: Local Authority; Older Sister/kinship Carer: SO; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
22 October 2015
Procedural Posture
Care and Placement Order Application / Final Hearing
Outcome
Care order and placement order for adoption granted; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Parental Responsibility, Domestic Violence, Alcohol Misuse, Parenting Capacity, Kinship Care
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Parental Responsibility Domestic Violence +3 more

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Parties

K

Child

MH

Mother

JO

Father

Local Authority

Applicant

SO

Older Sister/kinship Carer

Guardian

Children's Guardian

Procedural Posture

Care and Placement Order Application / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for K
  2. 2 Whether a care order and placement order for adoption are necessary and proportionate
  3. 3 Whether K can be safely returned to his mother or placed with a kinship carer (SO)

Ratio Decidendi

The threshold for significant harm under s.31(2) Children Act 1989 is met due to ongoing risks from parental dishonesty, inability to separate, domestic violence, and alcohol misuse. Neither parent nor SO can provide safe, stable care for K. Adoption is the only realistic option to secure K's welfare, stability, and permanency.

Court Disposition

Care order and placement order for adoption granted; parental consent dispensed with.

Orders

  • Final care order made for K.
  • Placement order for adoption granted.