K (A child) (Care and Placement), Re [2019] EWFC B48 (14 June 2019)

K (A child) (Care and Placement), Re [2019] EWFC B48 (14 June 2019)

The court found that the threshold for a care order was crossed due to established significant harm and risk of harm arising from the parents' inability to provide safe, stable, and emotionally available care, particularly the mother's inability to prioritise the child's needs and the father's risk profile. The court concluded that no less interventionist option would safeguard the child's welfare and that only adoption would provide the necessary permanence and security. The parents' proposed separation was not considered sustainable or sufficient to mitigate risk. The court dispensed with parental consent to adoption as required by the child's welfare.

Citation
[2019] EWFC B48
Parties
Applicant: Local Authority; First Respondent: the mother; Second Respondent: the father; Third Respondent: K (the child)
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Public Law Care Proceedings / Final Hearing and Judgment
Outcome
Care order and placement order for adoption granted; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Welfare of the Child, Threshold Criteria, Parental Responsibility, Article 8 ECHR
Family Law Child Protection Care Orders Placement Orders Adoption Welfare of the Child Threshold Criteria Parental Responsibility +1 more

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Parties

Local Authority

Applicant

the mother

First Respondent

the father

Second Respondent

K (the child)

Third Respondent

Procedural Posture

Public Law Care Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for a care order under section 31(2) Children Act 1989 is met
  2. 2 Whether a placement order for adoption is necessary and proportionate
  3. 3 Whether the welfare of the child requires dispensing with parental consent to adoption

Ratio Decidendi

The court found that the threshold for a care order was crossed due to established significant harm and risk of harm arising from the parents' inability to provide safe, stable, and emotionally available care, particularly the mother's inability to prioritise the child's needs and the father's risk profile. The court concluded that no less interventionist option would safeguard the child's welfare and that only adoption would provide the necessary permanence and security. The parents' proposed separation was not considered sustainable or sufficient to mitigate risk. The court dispensed with parental consent to adoption as required by the child's welfare.

Court Disposition

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

Orders

  • Care order made in respect of K.
  • Placement order made authorising adoption of K.