J (A Child : care order : adoption), Re [2018] EWFC B18 (16 March 2018)

J (A Child : care order : adoption), Re [2018] EWFC B18 (16 March 2018)

The court found that, despite the mother's improvements, she had not addressed the deep-rooted issues that led to the non-accidental harm of her older child, Y. The expert evidence established a continuing real risk of physical and emotional harm to J if placed with her mother, and no package of support or monitoring could sufficiently mitigate this risk. The court concluded that J's welfare required adoption, and that the mother's consent to placement for adoption should be dispensed with as necessary and proportionate.

Citation
[2018] EWFC B18
Parties
Mother: M; Child: J; Applicant: Local Authority; Guardian: Guardian; Father: X
Jurisdiction
England and Wales
Judgment Date
16 March 2018
Procedural Posture
Care and Placement Order Proceedings / Final Hearing and Judgment
Outcome
Care order and placement order made; mother's consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Risk of Harm, Parental Consent, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Risk of Harm Parental Consent +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

M

Mother

J

Child

Local Authority

Applicant

Guardian

Guardian

X

Father

Procedural Posture

Care and Placement Order Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria for care and placement orders are met
  2. 2 Whether J should be placed with her mother or adopted
  3. 3 Whether the mother's consent to adoption should be dispensed with

Ratio Decidendi

The court found that, despite the mother's improvements, she had not addressed the deep-rooted issues that led to the non-accidental harm of her older child, Y. The expert evidence established a continuing real risk of physical and emotional harm to J if placed with her mother, and no package of support or monitoring could sufficiently mitigate this risk. The court concluded that J's welfare required adoption, and that the mother's consent to placement for adoption should be dispensed with as necessary and proportionate.

Court Disposition

Care order and placement order made; mother's consent to adoption dispensed with.

Orders

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