G & B (Children)

G & B (Children)

The judge was entitled to make the placement orders and refuse an adjournment for assessment of the foster sister, as the application was made at the last minute, the evidence indicated the foster sister was unsuitable, and both the local authority and guardian reasonably opposed further assessment. There was sufficient material before the judge to make a decision, and no error of law or principle was established.

Parties
Applicant Mother: J C; Applicant Father: C B; Local Authority: Essex County Council; Children's Guardian: Tina Ruffles
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Appeal / Judgment on Appeal From Placement Orders Under the Adoption and Children Act 2002
Outcome
Appeal dismissed
Legal Topics
Adoption, Care Orders, Placement Orders, Judicial Discretion, Family Group Conference, Assessment of Carers
Family Law Child Law Adoption Care Orders Placement Orders Judicial Discretion Family Group Conference Assessment of Carers

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Parties

J C

Applicant Mother

C B

Applicant Father

Essex County Council

Local Authority

Tina Ruffles

Children's Guardian

Procedural Posture

Appeal / Judgment on Appeal From Placement Orders Under the Adoption and Children Act 2002

Legal Issues

  1. 1 Whether the judge erred in making placement orders for adoption without a formal assessment of a family member as carer
  2. 2 Whether the failure to convene a family group conference or assess the foster sister as carer invalidated the placement orders

Ratio Decidendi

The judge was entitled to make the placement orders and refuse an adjournment for assessment of the foster sister, as the application was made at the last minute, the evidence indicated the foster sister was unsuitable, and both the local authority and guardian reasonably opposed further assessment. There was sufficient material before the judge to make a decision, and no error of law or principle was established.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Substantive appeal dismissed