G (Care and Placeement Orders) [2018 EWFC B47 (08 August 2018)

G (Care and Placeement Orders) [2018 EWFC B47 (08 August 2018)

The threshold criteria under s.31 Children Act 1989 are met due to the parents’ inability to provide safe and adequate care for J, arising from their learning difficulties, volatile and abusive relationship, lack of insight, and failure to effect meaningful change despite extensive support. No family or kinship placement is available. Adoption is necessary and proportionate as no lesser order would secure J’s welfare; nothing but adoption will do.

Citation
[2008] UKHL 35
Parties
Applicant: Mr O’Neill; Respondent Mother: M (Mother); Respondent Father: F (Father); Respondent Child: J (Child)
Jurisdiction
England and Wales
Judgment Date
08 August 2018
Procedural Posture
Care and Placement Orders (children Act 1989, Adoption and Children Act 2002) / Final Hearing and Judgment
Outcome
Care Order and Placement Order for adoption granted; parental opposition dismissed.
Legal Topics
Care Orders, Placement Orders, Adoption, Threshold Criteria, Parental Responsibility, Domestic Abuse, Learning Difficulties, Capacity to Litigate
Family Law Child Protection Care Orders Placement Orders Adoption Threshold Criteria Parental Responsibility Domestic Abuse +2 more

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Parties

Mr O’Neill

Applicant

M (Mother)

Respondent Mother

F (Father)

Respondent Father

J (Child)

Respondent Child

Procedural Posture

Care and Placement Orders (children Act 1989, Adoption and Children Act 2002) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are met for J
  2. 2 Whether a Care Order and Placement Order for adoption are necessary and proportionate
  3. 3 Whether J can be safely cared for by her parents, together or separately, or by any family member

Ratio Decidendi

The threshold criteria under s.31 Children Act 1989 are met due to the parents’ inability to provide safe and adequate care for J, arising from their learning difficulties, volatile and abusive relationship, lack of insight, and failure to effect meaningful change despite extensive support. No family or kinship placement is available. Adoption is necessary and proportionate as no lesser order would secure J’s welfare; nothing but adoption will do.

Court Disposition

Care Order and Placement Order for adoption granted; parental opposition dismissed.

Orders

  • Care Order made in respect of J.
  • Placement Order made authorising J’s placement for adoption.