A (A Child : adoption)

A (A Child : adoption)

The court found that neither parent was able or likely to be able to care safely for Child A due to entrenched drug use, domestic violence, criminality, lack of engagement, and absence of insight or change. No viable family placement existed. Child A's welfare required a secure, stable, and permanent placement, which only adoption could provide. The threshold criteria were met, and the welfare checklist supported adoption. The court dispensed with parental consent as required by Child A's welfare, making care and placement orders.

Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Care and Placement Order Proceedings (family) / Final Judgment
Outcome
Care order and placement order made; parental consent dispensed with; Child A to be placed for adoption.
Legal Topics
Care Orders, Placement Orders, Parental Consent, Threshold Criteria, Welfare Checklist, Dispensing With Parental Consent, Article 8 ECHR
Family Law Child Protection Adoption Care Orders Placement Orders Parental Consent Threshold Criteria Welfare Checklist +2 more

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Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Children’s Guardian

Children's Guardian

Procedural Posture

Care and Placement Order Proceedings (family) / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for making a care order for Child A
  2. 2 Whether Child A's welfare requires placement for adoption and dispensing with parental consent under s.52(1)(b) Adoption and Children Act 2002
  3. 3 Whether alternative family placement (with father's aunt in Egypt) is a realistic and safe option

Ratio Decidendi

The court found that neither parent was able or likely to be able to care safely for Child A due to entrenched drug use, domestic violence, criminality, lack of engagement, and absence of insight or change. No viable family placement existed. Child A's welfare required a secure, stable, and permanent placement, which only adoption could provide. The threshold criteria were met, and the welfare checklist supported adoption. The court dispensed with parental consent as required by Child A's welfare, making care and placement orders.

Court Disposition

Care order and placement order made; parental consent dispensed with; Child A to be placed for adoption.

Orders

  • Threshold criteria at s.31 Children Act 1989 met and care plan approved
  • Care order made for Child A