R (A Child), Re [2010] EWMC 57 (FPC) (2010)

R (A Child), Re [2010] EWMC 57 (FPC) (2010)

The threshold criteria for a care order are met due to significant harm and risk of harm attributable to parental care. The child’s welfare requires a care order and a placement order, and parental consent is dispensed with as delay would be detrimental.

Citation
[2010] EWMC 57 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: Ms L; 2nd Respondent: R (a child through her Children’s Guardian)
Jurisdiction
England and Wales
Procedural Posture
Care Order and Placement Order Application / Final Hearing
Outcome
Care order and placement order granted; parental consent dispensed with.
Legal Topics
Care Order, Placement Order, Adoption, Parental Responsibility, Welfare of the Child
Family Law Child Protection Care Order Placement Order Adoption Parental Responsibility Welfare of the Child

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Parties

X Local Authority

Applicant

Ms L

1st Respondent

R (a child through her Children’s Guardian)

2nd Respondent

Procedural Posture

Care Order and Placement Order Application / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria for care order are met
  2. 2 Whether placement order should be made
  3. 3 Whether parental consent should be dispensed with

Ratio Decidendi

The threshold criteria for a care order are met due to significant harm and risk of harm attributable to parental care. The child’s welfare requires a care order and a placement order, and parental consent is dispensed with as delay would be detrimental.

Court Disposition

Care order and placement order granted; parental consent dispensed with.

Orders

  • Care order to X City Council in respect of R
  • Placement order to X City Council in respect of R