AB (A Child), Re [2011] EWCC 3 (Fam) (2011)

AB (A Child), Re [2011] EWCC 3 (Fam) (2011)

Given the overwhelming evidence of the parents' ongoing substance dependence, criminality, and inability to provide safe and appropriate care, AB's welfare required her removal from parental care, the making of a care order, and a placement order for adoption without parental consent.

Citation
[2011] EWCC 3 (Fam)
Parties
Applicant: X Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: AB
Jurisdiction
England and Wales
Procedural Posture
Care and Placement Order Application / Final Hearing and Judgment
Outcome
Care order and placement order for adoption made; parental consent dispensed with; no order as to costs between parties; public funding assessment directed.
Legal Topics
Care Orders, Placement Orders, Parental Drug Misuse, Adoption, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Parental Drug Misuse Adoption Threshold Criteria

Case Brief

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Parties

X Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

AB

3rd Respondent

Procedural Posture

Care and Placement Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold for making a care order is met
  2. 2 Whether a placement order for adoption should be made without parental consent

Ratio Decidendi

Given the overwhelming evidence of the parents' ongoing substance dependence, criminality, and inability to provide safe and appropriate care, AB's welfare required her removal from parental care, the making of a care order, and a placement order for adoption without parental consent.

Court Disposition

Care order and placement order for adoption made; parental consent dispensed with; no order as to costs between parties; public funding assessment directed.

Orders

  • Care order in respect of AB to X Local Authority
  • Placement order for adoption of AB