M (Placement Order), Re [2014] EWCC B42 (Fam) (19 February 2014)

M (Placement Order), Re [2014] EWCC B42 (Fam) (19 February 2014)

The court held that D's welfare throughout her life required the making of a placement order and the dispensing with the mother's consent, as long-term foster care would not provide the necessary security, stability, and lifelong commitment. Adoption was found to be the only realistic option that could meet D's...

Source-derived case information.

Citation
[2014] EWCC B42 (Fam)
Parties
Respondent: B (Mother); Respondent: C (Maternal Grandmother); Applicant: Local Authority; Guardian: L (Cafcass Guardian)
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Care and Placement Order Proceedings / Final Hearing on Placement Order Application
Outcome
Placement order granted; mother's consent dispensed with.
Legal Topics
Placement Orders, Adoption, Welfare of the Child, Dispensing With Parental Consent, Long Term Foster Care
Family Law Child Protection Placement Orders Adoption Welfare of the Child Dispensing With Parental Consent Long Term Foster Care

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Summary, issues, holding and outcome

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Parties

B (Mother)

Respondent

C (Maternal Grandmother)

Respondent

Local Authority

Applicant

L (Cafcass Guardian)

Guardian

Procedural Posture

Care and Placement Order Proceedings / Final Hearing on Placement Order Application

Legal Issues

  1. 1 Whether a placement order should be granted for D
  2. 2 Whether D's welfare requires dispensing with the mother's consent to adoption
  3. 3 Whether long-term foster care is a suitable alternative to adoption

Ratio Decidendi

The court held that D's welfare throughout her life required the making of a placement order and the dispensing with the mother's consent, as long-term foster care would not provide the necessary security, stability, and lifelong commitment. Adoption was found to be the only realistic option that could meet D's welfare needs, and nothing else would genuinely do.

Court Disposition

Placement order granted; mother's consent dispensed with.

Orders

  • Placement order made in respect of D.
  • Contact with maternal family to be maintained at least until any matching meeting.