L, Re [2024] EWFC 152 (B) (29 February 2024)

L, Re [2024] EWFC 152 (B) (29 February 2024)

Adoption is the only realistic and proportionate option to secure L's lifelong welfare. Both parents are unable to provide safe care within L's timescale due to incarceration, criminality, and substance misuse. No family or connected persons are suitable. Long term foster care would not provide the permanence,...

Source-derived case information.

Citation
[2024] EWFC 152 (B)
Parties
Subject Child: L (child); Guardian: Children's Guardian; Applicant: Local Authority; Respondent Mother: M (mother); Respondent Father: F (father)
Jurisdiction
England and Wales
Judgment Date
29 February 2024
Procedural Posture
Care and Placement Orders / Final Hearing
Outcome
Care Order and Placement Order made; parental consent dispensed with; adoption approved as necessary and proportionate.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare of the Child, Article 8 ECHR
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Welfare of the Child +1 more

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Parties

L (child)

Subject Child

Children's Guardian

Guardian

Local Authority

Applicant

M (mother)

Respondent Mother

F (father)

Respondent Father

Procedural Posture

Care and Placement Orders / Final Hearing

Legal Issues

  1. 1 Whether Care and Placement Orders should be made for L
  2. 2 Whether adoption is necessary and proportionate in L's best interests
  3. 3 Whether less intrusive alternatives (long term foster care, family placement) are realistic options

Ratio Decidendi

Adoption is the only realistic and proportionate option to secure L's lifelong welfare. Both parents are unable to provide safe care within L's timescale due to incarceration, criminality, and substance misuse. No family or connected persons are suitable. Long term foster care would not provide the permanence, stability, or security L requires. The interference with family life is necessary and justified by L's best interests. Care and Placement Orders are made, dispensing with parental consent.

Court Disposition

Care Order and Placement Order made; parental consent dispensed with; adoption approved as necessary and proportionate.

Orders

  • Care Order in respect of L
  • Placement Order in respect of L