M (A Child), Re

M (A Child), Re

The overriding necessity for adoption was established due to the mother's unresolved personality disorders and inability to improve within the child's welfare timescale, making placement and care orders appropriate despite her practical parenting abilities.

Parties
Applicant: Mrs M; Respondent: Local Authority; Subject: LM (A Child); Interested Party: Child's Guardian; Interested Party: Father
Jurisdiction
England and Wales
Judgment Date
18 March 2014
Procedural Posture
Child Care and Placement Order Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Fitness, Psychological Assessment
Family Law Child Welfare Care Orders Placement Orders Adoption Parental Fitness Psychological Assessment

Case Brief

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Parties

Mrs M

Applicant

Local Authority

Respondent

LM (A Child)

Subject

Child's Guardian

Interested Party

Father

Interested Party

Procedural Posture

Child Care and Placement Order Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in making a final care and placement order in the absence of the mother
  2. 2 Whether the mother's day-to-day parenting ability was sufficient to prevent removal
  3. 3 Whether psychological and personality issues justified removal and adoption

Ratio Decidendi

The overriding necessity for adoption was established due to the mother's unresolved personality disorders and inability to improve within the child's welfare timescale, making placement and care orders appropriate despite her practical parenting abilities.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal against the final care and placement order is refused.