C (A Child), Re [2010] EWMC 68 (FPC) (2010)

C (A Child), Re [2010] EWMC 68 (FPC) (2010)

The evidence establishes that C would be at risk of significant harm if placed with his parents. Only a Care Order and Placement Order will safeguard C's welfare, and parental consent must be dispensed with as C's welfare requires it. Adoption is necessary for C's permanent, stable, and loving home.

Citation
[2010] EWMC 68 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: A; 2nd Respondent: B; 3rd Respondent: C
Jurisdiction
England and Wales
Procedural Posture
Care and Placement Order Application / Final Hearing
Outcome
Care Order and Placement Order made for C; parental consent dispensed with; care plan approved.
Legal Topics
Care Order, Placement Order, Adoption, Parental Consent, Welfare Checklist, Human Rights
Family Law Child Protection Care Order Placement Order Adoption Parental Consent Welfare Checklist Human Rights

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Parties

X Local Authority

Applicant

A

1st Respondent

B

2nd Respondent

C

3rd Respondent

Procedural Posture

Care and Placement Order Application / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria for a Care Order are met
  2. 2 Whether a Placement Order should be made for C
  3. 3 Whether parental consent should be dispensed with for placement

Ratio Decidendi

The evidence establishes that C would be at risk of significant harm if placed with his parents. Only a Care Order and Placement Order will safeguard C's welfare, and parental consent must be dispensed with as C's welfare requires it. Adoption is necessary for C's permanent, stable, and loving home.

Court Disposition

Care Order and Placement Order made for C; parental consent dispensed with; care plan approved.

Orders

  • Care Order for C
  • Placement Order for C