Foster carers v A, B & A Welsh Local Authority [2019] EWFC B52 (27 June 2019)

Foster carers v A, B & A Welsh Local Authority [2019] EWFC B52 (27 June 2019)

The carers have no reasonable prospect of success in their adoption application because there is no valid parental consent to adoption, no basis to dispense with consent, and the threshold for public law intervention is not met. The statutory requirements for foster to adopt placement were not fulfilled, and the welfare analysis does not arise at this stage. Accordingly, leave to apply for an adoption order is refused and wardship proceedings are dismissed.

Citation
[2019] EWFC B52
Parties
Applicants: The carers; Respondent: Mother; Respondent: Father; Subject: A (child); Intervener: Local authority (Welsh)
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Family/children Wardship and Adoption / Judgment on Applications for Wardship and for Leave to Apply for Adoption Order
Outcome
Applications dismissed
Legal Topics
Wardship, Adoption, Parental Consent, Inherent Jurisdiction, Care Proceedings, Threshold Criteria, Local Authority Duties
Family Law Child Law Wardship Adoption Parental Consent Inherent Jurisdiction Care Proceedings Threshold Criteria +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The carers

Applicants

Mother

Respondent

Father

Respondent

A (child)

Subject

Local authority (Welsh)

Intervener

Procedural Posture

Family/children Wardship and Adoption / Judgment on Applications for Wardship and for Leave to Apply for Adoption Order

Legal Issues

  1. 1 Whether the carers should be granted leave to apply for an adoption order in respect of A
  2. 2 Whether wardship proceedings should be allowed to continue
  3. 3 Whether the statutory requirements for adoption and foster to adopt placements were met

Ratio Decidendi

The carers have no reasonable prospect of success in their adoption application because there is no valid parental consent to adoption, no basis to dispense with consent, and the threshold for public law intervention is not met. The statutory requirements for foster to adopt placement were not fulfilled, and the welfare analysis does not arise at this stage. Accordingly, leave to apply for an adoption order is refused and wardship proceedings are dismissed.

Court Disposition

Applications dismissed

Orders

  • Application for leave to apply for an adoption order dismissed
  • Wardship proceedings dismissed