K (Children)

K (Children)

The sustained and multi-layered dishonesty of both parents, their failure to accept findings of fact, lack of insight, and entrenched behaviour create a real risk of significant harm to the children. Therapy does not offer a realistic prospect of sufficient change within the children’s timescales. Adoption is the only safe and proportionate option; parental consent is dispensed with.

Parties
Applicant Local Authority: Sandwell Childrens Trust; Respondent: Mother; Respondent: Father; Interested Party: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
26 May 2021
Procedural Posture
Care and Placement for Adoption / Final Judgment After Rehearing Following Court of Appeal Remittal
Outcome
Care orders and placement for adoption orders granted for all three children; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement for Adoption, Threshold Criteria, Welfare Analysis, Therapy and Rehabilitation, Parental Responsibility, Adoption Consent
Family Law Child Protection Care Orders Placement for Adoption Threshold Criteria Welfare Analysis Therapy and Rehabilitation Parental Responsibility +1 more

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Parties

Sandwell Childrens Trust

Applicant Local Authority

Mother

Respondent

Father

Respondent

Children’s Guardian

Interested Party

Procedural Posture

Care and Placement for Adoption / Final Judgment After Rehearing Following Court of Appeal Remittal

Legal Issues

  1. 1 Whether threshold criteria for care order are satisfied
  2. 2 Whether placement for adoption is justified
  3. 3 Whether parental consent to adoption should be dispensed with

Ratio Decidendi

The sustained and multi-layered dishonesty of both parents, their failure to accept findings of fact, lack of insight, and entrenched behaviour create a real risk of significant harm to the children. Therapy does not offer a realistic prospect of sufficient change within the children’s timescales. Adoption is the only safe and proportionate option; parental consent is dispensed with.

Court Disposition

Care orders and placement for adoption orders granted for all three children; parental consent to adoption dispensed with.

Orders

  • Full care orders made for each child
  • Placement for adoption orders made for each child