EK (A Child), Re

EK (A Child), Re

Given the parents' history, lack of capacity, and repeated failures to safeguard EK, and the absence of any realistic prospect of safe parenting, the only solution consistent with EK's welfare is a final care order and placement order for adoption; nothing else will do.

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 and Placement Proceedings / Final Judgment
Outcome
Final care order and placement order for adoption granted; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Parental Capacity, Child Welfare
Family Law Child Protection Care Orders Placement Orders Adoption Parental Capacity Child Welfare

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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 and Placement Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for significant harm or risk of harm is met
  2. 2 Whether the welfare of EK requires a care and placement order for adoption
  3. 3 Whether either parent should be given further opportunity to care for EK

Ratio Decidendi

Given the parents' history, lack of capacity, and repeated failures to safeguard EK, and the absence of any realistic prospect of safe parenting, the only solution consistent with EK's welfare is a final care order and placement order for adoption; nothing else will do.

Court Disposition

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

Orders

  • Final care order made for EK
  • Placement order made for EK