England and Wales Case Law

A Local Authority v YL & Anor

The threshold for making a care order was met as the child suffered significant harm due to the mother's chaotic lifestyle, repeated moves, failure to meet medical and educational needs, and inability to provide stable care. The welfare analysis strongly favored the child remaining in long-term foster care, as the mother lacked insight and capacity to provide safe and stable parenting, and the care plan was a proportionate interference with family life.

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• Care orders
• Threshold criteria
• Welfare checklist
• Parental capability
• International movement of children
• Language and cultural identity

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A, B & C (Children) (Care and Placement), Re

The Family Court made final care orders for A, B and C, and a placement order for C. Contact was reduced to support permanence and stability.

• Care orders
• Placement order
• Adoption
• Contact
• Parental responsibility order
• Declaration of parentage

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Birmingham City Council v M & Ors

The threshold for care orders is met due to the mother's inability, despite significant effort and support, to meet the children's basic needs and protect them from harm. A final care order for C and a placement order for A are necessary and proportionate to safeguard their welfare, as no less intrusive alternatives are available.

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• Care orders
• Adoption
• Parental responsibility
• Child welfare
• Threshold criteria

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London Borough of Havering v R & Ors

The court finds that threshold criteria are met due to the parents' vulnerabilities, substance misuse, lack of engagement, and inability to provide safe and consistent care for Q. Further residential assessment of R is not justified as it would cause delay, is unlikely to be positive, and is not in Q's welfare interests. There are no realistic family or friend placement options. Adoption is the only option that meets Q's immediate and long-term welfare needs. Parental consent to placement order is dispensed with as Q's welfare requires it.

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• Care orders
• Placement orders
• Parental responsibility
• Threshold criteria
• Welfare checklist
• Residential assessment

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Essex County Council v F1 & Ors

The threshold for a care order was met due to F1's emotional harm to the children, involvement in sexual activity with adolescents, refusal to foster A's relationship with his biological father, and refusal to accept help. A's age and strong wish to return home justified discharge of the interim care order and return to F1 under a supervision order, while B's needs and emotional welfare required a care order and continued foster placement.

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• Care orders
• Parental responsibility
• Child welfare
• Change of name
• Contact arrangements
• Threshold criteria

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A Local Authority v The Mother & Ors

Adoption is the only option that meets both the children’s need for permanence and ongoing sibling contact; long-term foster care cannot provide the same degree of security and belonging. The welfare of D and E requires dispensing with parental consent and making care and placement orders, with sibling contact prioritized in the care plan.

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• Care orders
• Placement orders
• Adoption
• Long-term foster care
• Sibling contact
• Parental consent

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L (A Child: Placement and Contact Orders), Re

The Court of Appeal allowed a local authority appeal, substituting a placement order for a care order and directing sibling contact to preserve family ties.

• Placement orders
• Adoption
• Care orders
• Sibling contact
• Welfare principle
• Placement-orders

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L (A Child: Placement and Contact Orders), Re

L (A Child: Placement and Contact Orders), Re [2026] EWCA Civ 639 (20 May 2026)

The Court of Appeal held that a placement order, not long-term foster care, best met A’s lifelong welfare needs and made a sibling contact order.

• Placement orders
• Adoption
• Care orders
• Contact orders
• Welfare of the child
• Sibling contact

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B, In the Matter Of

B, In the Matter Of [2026] EWFC 107 (B) (14 May 2026)

In care proceedings, the court found B suffered significant harm through a serious head injury while in her parents’ care, but could not identify which parent caused it.

• Care orders
• Non-accidental injury
• Threshold criteria
• Fact-finding
• Domestic abuse
• Neglect

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Re B – Fact Finding (Use of AI for Judgment Summary for Parents with Learning Difficulties)

The court found B suffered a serious head injury in her parents’ care, but could not identify which parent caused it. Threshold was met; no finding of deliberate injury.

• Care orders
• Non-accidental injury
• Threshold criteria
• Pool of perpetrators
• Fact finding
• Parental capacity

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