A (sexual abuse - care and placement orders), Re

A (sexual abuse - care and placement orders), Re

The court found overwhelming evidence that both parents are unable to care for or protect A. The mother poses a high risk of sexual harm due to her offending history, lack of insight, and inability to acknowledge the impact of her actions. The father lacks the insight and ability to protect A from harm, particularly from the mother. Adoption is necessary and proportionate to secure A’s welfare, and nothing short of adoption will do. Placement with paternal relatives in Canada is in A’s best interests, and parental consent to adoption is dispensed with.

Parties
Applicant: Reading Borough Council; Respondent Mother: Ms A; Second Respondent Father: Mr S; Third Respondent Child: A (a child by his children’s guardian Ginny Davies)
Jurisdiction
England and Wales
Judgment Date
14 September 2022
Procedural Posture
Care and Adoption Proceedings / Final Judgment
Outcome
Care order and placement order for adoption granted; permission for temporary removal from jurisdiction granted; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption (foreign Element), Parental Responsibility, Contact Arrangements, Sexual Offences and Child Protection
Family Law Child Protection Adoption Care Orders Placement Orders Adoption (foreign Element) Parental Responsibility Contact Arrangements +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Reading Borough Council

Applicant

Ms A

Respondent Mother

Mr S

Second Respondent Father

A (a child by his children’s guardian Ginny Davies)

Third Respondent Child

Procedural Posture

Care and Adoption Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold for public law orders under section 31 Children Act 1989 is met
  2. 2 Whether a care order and placement order for adoption are necessary and proportionate
  3. 3 Whether parental consent to adoption should be dispensed with

Ratio Decidendi

The court found overwhelming evidence that both parents are unable to care for or protect A. The mother poses a high risk of sexual harm due to her offending history, lack of insight, and inability to acknowledge the impact of her actions. The father lacks the insight and ability to protect A from harm, particularly from the mother. Adoption is necessary and proportionate to secure A’s welfare, and nothing short of adoption will do. Placement with paternal relatives in Canada is in A’s best interests, and parental consent to adoption is dispensed with.

Court Disposition

Care order and placement order for adoption granted; permission for temporary removal from jurisdiction granted; parental consent to adoption dispensed with.

Orders

  • Care order in favour of the local authority
  • Placement order authorising placement for adoption