H (care and placement application), Re [2018] EWFC B36 (20 April 2018)

H (care and placement application), Re [2018] EWFC B36 (20 April 2018)

The threshold for public law orders is crossed due to chronic neglect, failure to protect from sexual harm, and inability of the parents to meet the children's needs. The welfare of F and G requires their continued placement in long-term foster care. For H, despite the possibility of long-term foster care with his current carer, adoption is necessary to secure his welfare throughout his life, given the risks of instability in foster care and the lack of realistic prospect of parental improvement. The evidence does not justify further adjournment for assessment. The care plan for open adoption with sibling contact is approved, but sibling contact is not a 'red line' that would preclude...

Citation
[2018] EWFC B36
Parties
Mother: AB; Father: CD; Applicant: Local Authority; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
20 April 2018
Procedural Posture
Care and Placement Orders (public Law Children Proceedings) / Final Judgment After Full Hearing
Outcome
Care orders made for F, G, and H; placement order made for H; applications for adjournment refused; no contact orders made but sibling contact to be facilitated as per care plan.
Legal Topics
Care Orders, Placement Orders, Adoption, Welfare of the Child, Sibling Contact, Threshold Criteria, Parental Responsibility
Family Law Child Protection Care Orders Placement Orders Adoption Welfare of the Child Sibling Contact Threshold Criteria +1 more

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Parties

AB

Mother

CD

Father

Local Authority

Applicant

Children's Guardian

Guardian

Procedural Posture

Care and Placement Orders (public Law Children Proceedings) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether care and placement orders should be made for children F, G, and H
  2. 2 Whether H should be placed for adoption or long-term foster care
  3. 3 Whether sibling contact should be ordered post-adoption

Ratio Decidendi

The threshold for public law orders is crossed due to chronic neglect, failure to protect from sexual harm, and inability of the parents to meet the children's needs. The welfare of F and G requires their continued placement in long-term foster care. For H, despite the possibility of long-term foster care with his current carer, adoption is necessary to secure his welfare throughout his life, given the risks of instability in foster care and the lack of realistic prospect of parental improvement. The evidence does not justify further adjournment for assessment. The care plan for open adoption with sibling contact is approved, but sibling contact is not a 'red line' that would preclude...

Court Disposition

Care orders made for F, G, and H; placement order made for H; applications for adjournment refused; no contact orders made but sibling contact to be facilitated as per care plan.

Orders

  • Care order for F
  • Care order for G