J (A Child), Re [2015] EWFC B197 (2 December 2015)

J (A Child), Re [2015] EWFC B197 (2 December 2015)

Given the overwhelming evidence that the parents have not made or sustained necessary changes to address significant deficits in parenting, and that J's welfare and need for permanence cannot be met by her parents or any other family member, the making of care and placement orders is necessary and proportionate. Dispensing with parental consent is required for J's welfare.

Citation
[2015] EWFC B197
Parties
Mother: M; Father: F; Child: J; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
02 December 2015
Procedural Posture
Care and Placement Order Proceedings / Final Hearing and Judgment
Outcome
Care order and placement order made; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Welfare of the Child

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Parties

M

Mother

F

Father

J

Child

Local Authority

Applicant

Procedural Posture

Care and Placement Order Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for making a care order is met
  2. 2 Whether a placement order for adoption is necessary and proportionate
  3. 3 Whether the parents' consent to adoption should be dispensed with

Ratio Decidendi

Given the overwhelming evidence that the parents have not made or sustained necessary changes to address significant deficits in parenting, and that J's welfare and need for permanence cannot be met by her parents or any other family member, the making of care and placement orders is necessary and proportionate. Dispensing with parental consent is required for J's welfare.

Court Disposition

Care order and placement order made; parental consent to adoption dispensed with.

Orders

  • Care order in respect of J approving the local authority's care plan including contact arrangements.
  • Placement order authorising the local authority to place J for adoption.