E (care and placement orders) [2019] EWFC B13 (21 March 2019)

E (care and placement orders) [2019] EWFC B13 (21 March 2019)

The court found that, despite the parents’ love and efforts, they are unable to meet Emma’s needs or keep her safe, even with extensive support. The threshold for significant harm is met. No realistic support package could enable the parents to care for Emma safely. Emma’s welfare requires separation from her parents and placement for adoption. Parental consent to adoption is dispensed with as necessary for Emma’s welfare.

Citation
[2019] EWFC B13
Parties
Mother: M; Father: F; Applicant: Local Authority; Child: Emma; Foster Carers: A and B; Social Worker: SW; Children's Guardian: CG
Jurisdiction
England and Wales
Judgment Date
21 March 2019
Procedural Posture
Care and Placement Proceedings / Final Judgment
Outcome
Care order and placement order for adoption granted; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Learning Disabilities, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Learning Disabilities Welfare of the Child

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Parties

M

Mother

F

Father

Local Authority

Applicant

Emma

Child

A and B

Foster Carers

SW

Social Worker

CG

Children's Guardian

Procedural Posture

Care and Placement Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31 of the Children Act 1989 are met for Emma
  2. 2 Whether a care order and placement order for adoption are necessary and proportionate
  3. 3 Whether the parents, with or without support, can safely care for Emma

Ratio Decidendi

The court found that, despite the parents’ love and efforts, they are unable to meet Emma’s needs or keep her safe, even with extensive support. The threshold for significant harm is met. No realistic support package could enable the parents to care for Emma safely. Emma’s welfare requires separation from her parents and placement for adoption. Parental consent to adoption is dispensed with as necessary for Emma’s welfare.

Court Disposition

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

Orders

  • Care order made to the local authority for Emma.
  • Placement order authorising the local authority to place Emma for adoption.