X (A child : care order) [2017] EWFC B83 (13 October 2017)

X (A child : care order) [2017] EWFC B83 (13 October 2017)

Given the established risk of significant physical and emotional harm to X if placed with her parents, as demonstrated by previous findings and psychological assessments, and the inability to manage or mitigate that risk, the only proportionate and necessary order to secure X's welfare is a care order and a placement order for adoption, dispensing with parental consent.

Citation
[2017] EWFC B83
Parties
Mother: M; Father: F; Applicant: Local Authority; Subject: X (child)
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Care order and placement order for adoption granted; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Parental Responsibility, Significant Harm
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Parental Responsibility Significant Harm

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Parties

M

Mother

F

Father

Local Authority

Applicant

X (child)

Subject

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s31 Children Act 1989 are met for X
  2. 2 Whether X should be placed in the care of her parents or adopted
  3. 3 Whether parental consent to adoption should be dispensed with

Ratio Decidendi

Given the established risk of significant physical and emotional harm to X if placed with her parents, as demonstrated by previous findings and psychological assessments, and the inability to manage or mitigate that risk, the only proportionate and necessary order to secure X's welfare is a care order and a placement order for adoption, dispensing with parental consent.

Court Disposition

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

Orders

  • Final care order made in respect of X.
  • Placement order authorising the local authority to place X for adoption.