A Child, Re [2016] EWFC B41 (09 May 2016)

A Child, Re [2016] EWFC B41 (09 May 2016)

Given the mother's entrenched substance misuse, inability to engage with support or assessments, and the absence of any other suitable family carers, Z's welfare and need for permanence require adoption. Threshold criteria are met, and dispensing with the mother's consent is necessary and proportionate. Adoption is the only realistic option to meet Z's needs.

Citation
[2016] EWFC B41
Parties
Child: Z; Mother: M; Applicant: Local Authority; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
Care and Placement Order Proceedings / Final Hearing
Outcome
Care order and placement order for adoption granted; threshold criteria met; mother's consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Consent, Threshold Criteria, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Parental Consent Threshold Criteria Welfare of the Child

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Parties

Z

Child

M

Mother

Local Authority

Applicant

Guardian

Guardian

Procedural Posture

Care and Placement Order Proceedings / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria for a care order are met under the Children Act 1989
  2. 2 Whether a placement order for adoption should be made under the Adoption and Children Act 2002
  3. 3 Whether the mother's consent to adoption should be dispensed with

Ratio Decidendi

Given the mother's entrenched substance misuse, inability to engage with support or assessments, and the absence of any other suitable family carers, Z's welfare and need for permanence require adoption. Threshold criteria are met, and dispensing with the mother's consent is necessary and proportionate. Adoption is the only realistic option to meet Z's needs.

Court Disposition

Care order and placement order for adoption granted; threshold criteria met; mother's consent to adoption dispensed with.

Orders

  • Care order made in respect of Z.
  • Placement order made authorising the local authority to place Z for adoption.