X County Council v Y (A mother) & Ors

X County Council v Y (A mother) & Ors

GC's welfare requires that she remain with her current foster carers, Mr and Mrs S, and be adopted by them. The risks posed by Mr Z are substantial and ongoing, and the psychological harm of removing GC from her established placement outweighs the benefits of a family placement. The court dispenses with the mother's consent to adoption, authorizes a change of name for safeguarding, and endorses the local authority's amended care plan.

Parties
Applicant: X County Council; First Respondent: A Mother ‘Y’; Second Respondents: Mr and Mrs US; Third Respondent: GC (through her Children’s Guardian, Heloise Dove); Fourth Respondents: Mr and Mrs S
Jurisdiction
England and Wales
Judgment Date
02 October 2020
Procedural Posture
Care and Placement Orders (family) / Final Judgment
Outcome
Final care and placement orders granted in favour of Mr and Mrs S; adoption to proceed; mother's consent dispensed with; change of name authorized; injunctions continued.
Legal Topics
Care Orders, Placement Orders, Adoption Orders, Change of Name, Article 8 Rights, Risk Assessment, Delay in Proceedings, Costs, Injunctions
Family Law Child Protection Adoption Care Orders Placement Orders Adoption Orders Change of Name Article 8 Rights +4 more

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Parties

X County Council

Applicant

A Mother ‘Y’

First Respondent

Mr and Mrs US

Second Respondents

GC (through her Children’s Guardian, Heloise Dove)

Third Respondent

Mr and Mrs S

Fourth Respondents

Procedural Posture

Care and Placement Orders (family) / Final Judgment

Legal Issues

  1. 1 Whether GC should be adopted by her current foster carers or placed with extended family in the United States
  2. 2 Whether to dispense with parental consent for adoption
  3. 3 Risk assessment regarding physical and psychological harm to GC

Ratio Decidendi

GC's welfare requires that she remain with her current foster carers, Mr and Mrs S, and be adopted by them. The risks posed by Mr Z are substantial and ongoing, and the psychological harm of removing GC from her established placement outweighs the benefits of a family placement. The court dispenses with the mother's consent to adoption, authorizes a change of name for safeguarding, and endorses the local authority's amended care plan.

Court Disposition

Final care and placement orders granted in favour of Mr and Mrs S; adoption to proceed; mother's consent dispensed with; change of name authorized; injunctions continued.

Orders

  • Final care order for GC
  • Placement order for GC