W (A Child)

W (A Child)

The judge found the threshold for intervention crossed due to the mother's vulnerability and inability to protect the child from risk, and was entitled to make care and placement orders for adoption in the child's welfare.

Parties
Applicant: Ms W; Respondent: Worcester County Council
Jurisdiction
England and Wales
Judgment Date
17 January 2013
Procedural Posture
Child Care and Adoption / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Care Order, Placement Order, Adoption, Parental Vulnerability
Family Law Child Welfare Care Order Placement Order Adoption Parental Vulnerability

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Parties

Ms W

Applicant

Worcester County Council

Respondent

Procedural Posture

Child Care and Adoption / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in making a care order and placement order for adoption
  2. 2 Whether the applicant mother was disadvantaged by change of solicitors and lack of access to papers
  3. 3 Whether the threshold for intervention was properly crossed

Ratio Decidendi

The judge found the threshold for intervention crossed due to the mother's vulnerability and inability to protect the child from risk, and was entitled to make care and placement orders for adoption in the child's welfare.

Court Disposition

application refused

Orders

  • Transcript to be sent to Worcester County Council and the mother
  • Local authority urged to provide support and therapy to the mother under Part 3 of the Children Act