A (A Child), Re [2010] EWMC 38 (FPC) (2010)

The court found that A is likely to suffer significant harm if returned to his parents, that the threshold criteria for a care order are met, and that A's welfare requires a placement order and dispensing with parental consent for adoption.

Citation: [2010] EWMC 38 (FPC)
Parties: Applicant: X Local Authority; Respondent Mother: Ms W; Respondent Father: Mr K; Respondent Child: A (a child through his Children’s Guardian)
Jurisdiction: England and Wales
Procedural Posture: Care and Placement Order Application / Final Hearing and Judgment
Outcome: Final care order and placement order made in respect of A; parental consent to adoption dispensed with; contact arrangements left to Local Authority discretion.
Legal Topics: Care Orders, Placement Orders, Adoption, Welfare of the Child, Parental Responsibility

Family Law Child Protection Care Orders Placement Orders Adoption Welfare of the Child Parental Responsibility

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Parties

X Local Authority

Applicant

Ms W

Respondent Mother

Mr K

Respondent Father

A (a child through his Children’s Guardian)

Respondent Child

Procedural Posture

Care and Placement Order Application / Final Hearing and Judgment

Legal Issues

1 Whether the threshold criteria for a care order under the Children Act 1989 are met
2 Whether a placement order should be made under the Adoption and Children Act 2002
3 Whether the welfare of the child requires dispensing with parental consent for adoption

Ratio Decidendi

Court Disposition

Final care order and placement order made in respect of A; parental consent to adoption dispensed with; contact arrangements left to Local Authority discretion.

Orders

Final care order in respect of A
Placement order in respect of A