J, Re [2019] EWFC B58 (20 September 2019)

J, Re [2019] EWFC B58 (20 September 2019)

The court found that the threshold for significant harm was met due to ongoing domestic abuse, controlling behaviour, and inability of the parents to make or sustain necessary changes. The evidence demonstrated that J would be at risk of significant emotional harm if returned to her parents. No family placement was available. Adoption was the only option to secure J's welfare.

Citation
[2019] EWFC B58
Parties
Mother: M; Father: F; Child (subject): J; Applicant: Local Authority; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
20 September 2019
Procedural Posture
Care and Placement Proceedings / Final Judgment
Outcome
Care order and placement order granted; J to be placed for adoption.
Legal Topics
Care Orders, Placement Orders, Adoption, Domestic Abuse, Parental Responsibility, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Adoption Domestic Abuse Parental Responsibility Threshold Criteria

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Parties

M

Mother

F

Father

J

Child (subject)

Local Authority

Applicant

Children's Guardian

Guardian

Procedural Posture

Care and Placement Proceedings / Final Judgment

Legal Issues

  1. 1 Whether J should be placed in the care of her parents or adopted
  2. 2 Whether the threshold for significant harm is met under s.31 Children Act 1989
  3. 3 Whether the parents have made sufficient changes to safely care for J

Ratio Decidendi

The court found that the threshold for significant harm was met due to ongoing domestic abuse, controlling behaviour, and inability of the parents to make or sustain necessary changes. The evidence demonstrated that J would be at risk of significant emotional harm if returned to her parents. No family placement was available. Adoption was the only option to secure J's welfare.

Court Disposition

Care order and placement order granted; J to be placed for adoption.

Orders

  • Care order made in favour of the local authority for J.
  • Placement order made authorising J's placement for adoption.