SANDWELL MBC v A MOTHER & Ors

SANDWELL MBC v A MOTHER & Ors

The court found that both parents failed to accept responsibility for chronic neglect and domestic abuse, and that neither could provide safe or adequate care for the children. The threshold for care orders was clearly crossed. The Local Authority's care planning was inadequate, but the Guardian's analysis was preferred. The welfare of the children required final care and placement orders for the two youngest (E-R and E), and for J (with a plan for adoption as a single child after therapy), but not for P, who required long-term therapeutic foster care. The parents' consent to adoption was dispensed with as nothing else would do to meet the children's welfare needs.

Parties
Applicant: Sandwell MBC; First Respondent: A Mother; Second Respondent: A Father; Children's Guardian (respondents 3 6): Children's Guardian (for P, J, E-R, E-L)
Jurisdiction
England and Wales
Judgment Date
28 March 2022
Procedural Posture
Care and Placement Order Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Fact Finding and Contested Hearing
Outcome
Final care orders and placement orders made for E-R, E, and J; final care order only for P; applications for further assessment dismissed; parental consent to adoption dispensed with for E-R, E, and J.
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Parental Responsibility, Sibling Separation, Therapeutic Intervention, Dispensing With Parental Consent, Welfare Checklist, Proportionality, Delay and Case Management
Family Law Child Protection Adoption Law Care Orders Placement Orders Threshold Criteria Parental Responsibility Sibling Separation +5 more

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Parties

Sandwell MBC

Applicant

A Mother

First Respondent

A Father

Second Respondent

Children's Guardian (for P, J, E-R, E-L)

Children's Guardian (respondents 3 6)

Procedural Posture

Care and Placement Order Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Fact Finding and Contested Hearing

Legal Issues

  1. 1 Whether final care orders and placement orders should be made for four children under the Children Act 1989 and Adoption and Children Act 2002
  2. 2 Whether the threshold criteria for care orders are met
  3. 3 Whether the welfare of the children requires dispensing with parental consent to adoption

Ratio Decidendi

The court found that both parents failed to accept responsibility for chronic neglect and domestic abuse, and that neither could provide safe or adequate care for the children. The threshold for care orders was clearly crossed. The Local Authority's care planning was inadequate, but the Guardian's analysis was preferred. The welfare of the children required final care and placement orders for the two youngest (E-R and E), and for J (with a plan for adoption as a single child after therapy), but not for P, who required long-term therapeutic foster care. The parents' consent to adoption was dispensed with as nothing else would do to meet the children's welfare needs.

Court Disposition

Final care orders and placement orders made for E-R, E, and J; final care order only for P; applications for further assessment dismissed; parental consent to adoption dispensed with for E-R, E, and J.

Orders

  • Final care order for P (no placement order)
  • Final care and placement orders for J (adoption as single child after therapy)