St Helens Borough Council v M & Ors.

St Helens Borough Council v M & Ors.

The court found that M's personality disorder, lack of insight, and inability to change within a child's timescale created an unacceptable risk of harm to S. The protracted residential assessments and therapy had not resulted in meaningful change. Adoption was the only option consistent with S's welfare, as no other...

Source-derived case information.

Parties
Applicant: St Helens Borough Council; First Respondent: M; Second Respondent: SS; Third Respondent: JR; Fourth Respondent: A, T and S (through their Children’s Guardian, Elizabeth Perry)
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Care Proceedings (children Act 1989) / Final Judgment
Outcome
Care orders made for A, T, and S; S to be placed for adoption.
Legal Topics
Care Orders, Residential Assessment, Personality Disorder, Adoption, Delay in Proceedings
Family Law Child Protection Care Orders Residential Assessment Personality Disorder Adoption Delay in Proceedings

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Summary, issues, holding and outcome

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Parties

St Helens Borough Council

Applicant

M

First Respondent

SS

Second Respondent

JR

Third Respondent

A, T and S (through their Children’s Guardian, Elizabeth Perry)

Fourth Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Final Judgment

Legal Issues

  1. 1 Whether care orders should be made for A, T, and S
  2. 2 Whether S should be placed for adoption
  3. 3 Appropriateness and impact of repeated residential assessments

Ratio Decidendi

The court found that M's personality disorder, lack of insight, and inability to change within a child's timescale created an unacceptable risk of harm to S. The protracted residential assessments and therapy had not resulted in meaningful change. Adoption was the only option consistent with S's welfare, as no other family placement was viable and delay was contrary to his best interests.

Court Disposition

Care orders made for A, T, and S; S to be placed for adoption.

Orders

  • Final care orders for A and T (already made during hearing)
  • Final care order for S with a plan for adoption