RO v A Local Authority & Ors

RO v A Local Authority & Ors

Only placement for adoption with the maternal aunt and uncle will meet F's welfare needs; nothing else will do. The father's inability to meet F's emotional needs, lack of insight, and uncertainty regarding his immigration status render him unsuitable. The court dispenses with the father's consent and grants the placement and s28 orders.

Parties
Applicant: RO; Respondent: A local authority; Respondent: N; Respondent: TM; Respondent: F (A child acting through her Guardian)
Jurisdiction
England and Wales
Judgment Date
27 January 2014
Procedural Posture
Family / Judgment
Outcome
Father's application for residence order dismissed; placement order and s28 order granted.
Legal Topics
Adoption Order, Placement Order, Residence Order, Parental Consent, Child Welfare, International Adoption
Family Law Child Welfare Adoption Adoption Order Placement Order Residence Order Parental Consent International Adoption

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Parties

RO

Applicant

A local authority

Respondent

N

Respondent

TM

Respondent

F (A child acting through her Guardian)

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether F's welfare requires placement for adoption with maternal aunt and uncle in the USA
  2. 2 Whether father's consent to adoption should be dispensed with
  3. 3 Whether father's application for residence order should be granted

Ratio Decidendi

Only placement for adoption with the maternal aunt and uncle will meet F's welfare needs; nothing else will do. The father's inability to meet F's emotional needs, lack of insight, and uncertainty regarding his immigration status render him unsuitable. The court dispenses with the father's consent and grants the placement and s28 orders.

Court Disposition

Father's application for residence order dismissed; placement order and s28 order granted.

Orders

  • Placement order in favour of the local authority
  • Order pursuant to s28 Adoption and Children Act 2002 authorising placement out of jurisdiction with TM and KM