A Child, Re [2015] EWFC B163 (15 September 2015)

A Child, Re [2015] EWFC B163 (15 September 2015)

The court found that X would be at real risk of further significant harm if returned to the care of either parent, that neither parent could adequately protect or care for X, and that no support package could mitigate these risks. Adoption is necessary and proportionate to secure X's welfare, and parental consent to adoption is dispensed with as required by law.

Citation
[2015] EWFC B163
Parties
Mother: M; Father: F; Applicant: Local Authority; Child: X
Jurisdiction
England and Wales
Judgment Date
15 September 2015
Procedural Posture
Care and Placement Proceedings / Final Hearing and Judgment
Outcome
Care order and placement order for adoption granted; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Threshold Criteria, Domestic Violence, Child Welfare
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Threshold Criteria Domestic Violence +1 more

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Parties

M

Mother

F

Father

Local Authority

Applicant

X

Child

Procedural Posture

Care and Placement Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether X should be returned to parental care or placed for adoption
  2. 2 Whether the threshold criteria under s.31(2) Children Act 1989 are met
  3. 3 Whether parental consent to adoption should be dispensed with

Ratio Decidendi

The court found that X would be at real risk of further significant harm if returned to the care of either parent, that neither parent could adequately protect or care for X, and that no support package could mitigate these risks. Adoption is necessary and proportionate to secure X's welfare, and parental consent to adoption is dispensed with as required by law.

Court Disposition

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

Orders

  • Care order made in respect of X
  • Placement order authorising local authority to place X for adoption