M (A Child; Welfare Hearing) [2017] EWFC B89 (24 November 2017)

M (A Child; Welfare Hearing) [2017] EWFC B89 (24 November 2017)

The risk of serious harm or death to L from her father is immediate and real. L's mother, due to her vulnerabilities and history, cannot be relied upon to protect L from this risk. No less intrusive order than adoption will suffice to secure L's welfare. The interference with family life is necessary and...

Source-derived case information.

Citation
[2017] EWFC B89
Parties
Applicant: Local Authority; Respondent: L's Mother; Respondent: L's Father; Subject: L (a child); Guardian: Miss Walwin-Home
Jurisdiction
England and Wales
Judgment Date
24 November 2017
Procedural Posture
Care Proceedings / Final Welfare Hearing
Outcome
Placement order for adoption granted; parental consent dispensed with.
Legal Topics
Care Orders, Adoption, Parental Consent, Child Welfare, Proportionality, Risk Assessment
Family Law Child Protection Care Orders Adoption Parental Consent Child Welfare Proportionality Risk Assessment

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Parties

Local Authority

Applicant

L's Mother

Respondent

L's Father

Respondent

L (a child)

Subject

Miss Walwin-Home

Guardian

Procedural Posture

Care Proceedings / Final Welfare Hearing

Legal Issues

  1. 1 Whether L's welfare requires a placement order for adoption and dispensing with parental consent
  2. 2 Whether L's mother can protect L from the risk posed by L's father
  3. 3 Whether further assessment of L's mother is necessary

Ratio Decidendi

The risk of serious harm or death to L from her father is immediate and real. L's mother, due to her vulnerabilities and history, cannot be relied upon to protect L from this risk. No less intrusive order than adoption will suffice to secure L's welfare. The interference with family life is necessary and proportionate given the magnitude of the risk. Therefore, L's welfare requires dispensing with parental consent and making a placement order for adoption.

Court Disposition

Placement order for adoption granted; parental consent dispensed with.

Orders

  • Placement order made under section 52(1)(b) of the Adoption and Children Act 2002.
  • Parental consent to adoption dispensed with.