[2010] EWCC 5 (Fam)
IN THE COUNTY COURT

Wednesday 3rd February 2010

Before:-

HH JUDGE 
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Re: K

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(Transcribed from the official tape recording by
Cater Walsh Transcription Ltd., 1st Floor, Paddington House
New Road, Kidderminster, DY10 1AL.  Official Court Reporters
and Tape Transcribers)
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J U D G M E N T
APPROVED
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J U D G M E N T

JUDGE: 
1	I am dealing today with an application by W City Council in respect of a child called Y.K.  Y was born on ( ) and remained with his mother for some time, but last year on 1st May the local authority applied for an Emergency Protection Order at the behest of the mother’s G.P. Her longstanding mental health problems, which are well documented, had emerged again and it was clear that the mother could not parent Y at that time.
2	The local authority applied for a Care Order and various reports have been obtained during the course of these proceedings which effectively I can summarise by saying the mother’s mental health difficulties, highlighted in those reports, would militate firmly against her being able to parent this child now or in the foreseeable future, and indeed it would seem that the mother has to some extent accepted that because she has not attended previous court hearings and has ceased to attend contact. Her brother was assessed as a possible carer for the child but that assessment was negative and he has taken no further part in the proceedings.
3	It is inevitable that this child needs to be placed in the care of the local authority on a long term basis until he can be placed for adoption because he simply cannot be cared for by his mother or within his extended family.
4	The local authority’s plan is that K should be adopted, possibly into the family who have adopted his half sibling and enquiries in that regard are going to be made. If not, enquiries are going to be made about a possible placement with other half siblings, but I am reassured to hear that, if neither of those options comes to fruition, then the local authority have already in-house  a prospective adoptive family who would be able to be meeting this child’s needs.
5	I endorse the care plan of the local authority for adoption. I have taken into account the welfare checklist, and of course the child’s needs are my paramount consideration. So I make a Care Order. I also make a Placement Order authorising the local authority to place for adoption and I dispense with the mother’s consent on the basis that the child’s welfare demands that I do so, and I make no order for costs save public funding assessment.
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