Nottinghamshire County Council v Mother & Ors

Nottinghamshire County Council v Mother & Ors

The court found that the only realistic outcome meeting the younger children's need for stability and a loving home within a reasonable timeframe was to make placement orders for adoption, as no family or friend carers were suitable and long-term foster care would not provide the necessary permanence or guarantee...

Source-derived case information.

Parties
Applicant: Nottinghamshire County Council; First Respondent: Mother (M); Second Respondent: Father 1 (F1); Third Respondent: Father 2 (F2); Fourth Sixth Respondents: C1, C2 & C3 (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
23 April 2024
Procedural Posture
Family / Final Judgment on Placement, Care, and Related Orders
Outcome
Placement orders for C2 and C3 granted; Prohibited Steps Order granted; section 91(14) order granted; applications for further assessment of PA1 and LG refused; no order for direct contact between C1 and mother at this stage.
Legal Topics
Placement Orders, Care Orders, Prohibited Steps Order, Contact Orders, Section 91(14) Orders, Sibling Contact, Parental Responsibility
Family Law Child Protection Adoption Placement Orders Care Orders Prohibited Steps Order Contact Orders Section 91(14) Orders +2 more

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Parties

Nottinghamshire County Council

Applicant

Mother (M)

First Respondent

Father 1 (F1)

Second Respondent

Father 2 (F2)

Third Respondent

C1, C2 & C3 (by their Children’s Guardian)

Fourth Sixth Respondents

Procedural Posture

Family / Final Judgment on Placement, Care, and Related Orders

Legal Issues

  1. 1 Whether placement orders should be made for C2 and C3
  2. 2 Whether a Prohibited Steps Order should be made to prevent the mother from removing C1 from F2's care
  3. 3 Whether the mother's applications for further assessment of alternative carers should be granted

Ratio Decidendi

The court found that the only realistic outcome meeting the younger children's need for stability and a loving home within a reasonable timeframe was to make placement orders for adoption, as no family or friend carers were suitable and long-term foster care would not provide the necessary permanence or guarantee sibling contact. To maximize the prospects of sibling contact, C1's contact with her mother must be restricted. The Prohibited Steps Order and section 91(14) order are necessary to protect C1's placement and emotional welfare. The threshold for intervention was crossed and the welfare checklists applied; the Local Authority's plan is in the best interests of all three children.

Court Disposition

Placement orders for C2 and C3 granted; Prohibited Steps Order granted; section 91(14) order granted; applications for further assessment of PA1 and LG refused; no order for direct contact between C1 and mother at this stage.

Orders

  • Placement orders for C2 and C3 dispensing with parental consent
  • Prohibited Steps Order preventing the mother from removing C1 from F2's care or school