EK (A Child), Re [2020] EWFC 25 (02 April 2020)

EK (A Child), Re [2020] EWFC 25 (02 April 2020)

Neither parent demonstrated the capacity to safely care for EK, and all attempts at rehabilitation or alternative placements failed. The welfare of EK demanded severance of parental ties and placement for adoption as no other solution would suffice.

Source-derived case information.

Citation
[2020] EWFC 25
Parties
Applicant: N (A local authority); 1st Respondent (mother): RK; 2nd Respondent (father): MB; 3rd Respondent (child): EK (by her guardian KS)
Jurisdiction
England and Wales
Judgment Date
02 April 2020
Procedural Posture
Care Proceedings (family Court) / Final Judgment
Outcome
Final care order and placement order made; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Capacity, Child Welfare, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Adoption Parental Capacity Child Welfare Threshold Criteria

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Parties

N (A local authority)

Applicant

RK

1st Respondent (mother)

MB

2nd Respondent (father)

EK (by her guardian KS)

3rd Respondent (child)

Procedural Posture

Care Proceedings (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for significant harm or risk of harm is met
  2. 2 Whether the welfare of the child requires severance of parental ties and placement for adoption
  3. 3 Whether either parent should be given a further opportunity for rehabilitation or assessment

Ratio Decidendi

Neither parent demonstrated the capacity to safely care for EK, and all attempts at rehabilitation or alternative placements failed. The welfare of EK demanded severance of parental ties and placement for adoption as no other solution would suffice.

Court Disposition

Final care order and placement order made; parental consent to adoption dispensed with.

Orders

  • Final care order in respect of EK
  • Placement order authorising placement for adoption