Torbay Council v M & Ors

Torbay Council v M & Ors

Care Orders are granted for all four children due to findings of significant harm from domestic violence, sexual abuse, and neglect. Placement Order and adoption are granted for D as nothing else will do; foster care is approved for A, B, and C, with C to remain with current foster carer. Parental consent for adoption is dispensed with as welfare of D requires it. Contact with father is refused due to risk and trauma; mother's contact is reduced and subject to review.

Parties
Applicant: Torbay Council; First Respondent: M; Second Respondent: F; Third Sixth Respondent: A, B, C, D (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Care and Placement Orders / Final Hearing
Outcome
Care Orders granted for A, B, C, D; Placement Order and adoption for D; foster care for A, B, C; parental consent for adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Child Welfare, Domestic Violence, Sexual Abuse, Neglect
Family Law Child Protection Care Orders Placement Orders Adoption Child Welfare Domestic Violence Sexual Abuse +1 more

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Parties

Torbay Council

Applicant

M

First Respondent

F

Second Respondent

A, B, C, D (through their Children’s Guardian)

Third Sixth Respondent

Procedural Posture

Care and Placement Orders / Final Hearing

Legal Issues

  1. 1 Whether Care Orders and Placement Orders should be granted for four children due to findings of abuse and neglect
  2. 2 Whether parental consent for adoption should be dispensed with
  3. 3 Appropriate contact arrangements for parents and children

Ratio Decidendi

Care Orders are granted for all four children due to findings of significant harm from domestic violence, sexual abuse, and neglect. Placement Order and adoption are granted for D as nothing else will do; foster care is approved for A, B, and C, with C to remain with current foster carer. Parental consent for adoption is dispensed with as welfare of D requires it. Contact with father is refused due to risk and trauma; mother's contact is reduced and subject to review.

Court Disposition

Care Orders granted for A, B, C, D; Placement Order and adoption for D; foster care for A, B, C; parental consent for adoption dispensed with.

Orders

  • Care Orders for A, B, C, D
  • Placement Order for D