A Child (Threshold: Inflicted Injury and Domestic Abuse)

A Child (Threshold: Inflicted Injury and Domestic Abuse)

The mother's progress in addressing her failure to protect is insufficient and uncertain, with ongoing risks to B's welfare. Delay would not realistically lead to rehabilitation within B's timescale. The only realistic option is care and placement orders for adoption, with the mother's consent dispensed with. A's...

Source-derived case information.

Parties
Applicant: M County Council; Mother: 1st Respondent; Father: 2nd Respondent; Stepfather (r3): 3rd Respondent; Children: The Children (A and B)
Jurisdiction
England and Wales
Judgment Date
29 November 2019
Procedural Posture
Care and Placement Proceedings / Final Determination
Outcome
Mother's application for adjournment refused; care and placement orders for B granted; mother's consent to adoption dispensed with; supervision and child arrangements orders for A granted.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Responsibility, Child Welfare, Domestic Violence, Supervision Orders
Family Law Child Protection Care Orders Placement Orders Adoption Parental Responsibility Child Welfare Domestic Violence +1 more

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Parties

M County Council

Applicant

1st Respondent

Mother

2nd Respondent

Father

3rd Respondent

Stepfather (r3)

The Children (A and B)

Children

Procedural Posture

Care and Placement Proceedings / Final Determination

Legal Issues

  1. 1 Whether care and placement orders should be made for child B
  2. 2 Whether an adjournment should be granted to allow the mother further time for therapy and assessment
  3. 3 Whether the mother can provide adequate protection and care for B

Ratio Decidendi

The mother's progress in addressing her failure to protect is insufficient and uncertain, with ongoing risks to B's welfare. Delay would not realistically lead to rehabilitation within B's timescale. The only realistic option is care and placement orders for adoption, with the mother's consent dispensed with. A's placement with the father is successful and should be supported by a supervision order and child arrangements order.

Court Disposition

Mother's application for adjournment refused; care and placement orders for B granted; mother's consent to adoption dispensed with; supervision and child arrangements orders for A granted.

Orders

  • Care order for B
  • Placement order for B