Y (Children), Re [2016] EWCA Civ 1091 (08 November 2016)

Y (Children), Re [2016] EWCA Civ 1091 (08 November 2016)

The appeal was allowed because the trial judge failed to consider long-term fostering as a realistic alternative to adoption, which was a necessary part of the welfare evaluation. The omission was fatal to the decision, requiring the matter to be remitted for reconsideration.

Citation
[2016] EWCA Civ 1091
Parties
Appellant (mother): JY; Appellant (father): MY; 1st Respondent (local Authority): Birmingham City Council; 3rd Respondent: MAM (Child); 4th Respondent: MMY (Child)
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Appeal (care and Placement Orders) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; matter remitted for reconsideration by a first instance judge.
Legal Topics
Care Orders, Placement Orders, Adoption, Long Term Fostering, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Adoption Long Term Fostering Welfare of the Child

Case Brief

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Parties

JY

Appellant (mother)

MY

Appellant (father)

Birmingham City Council

1st Respondent (local Authority)

MAM (Child)

3rd Respondent

MMY (Child)

4th Respondent

Procedural Posture

Appeal (care and Placement Orders) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge failed to consider long-term fostering as a realistic alternative to adoption
  2. 2 Whether the judge gave proper weight to all relevant factors in deciding if adoption was necessary
  3. 3 Whether sufficient reasons were given for permanent severance of the children's relationship with their family

Ratio Decidendi

The appeal was allowed because the trial judge failed to consider long-term fostering as a realistic alternative to adoption, which was a necessary part of the welfare evaluation. The omission was fatal to the decision, requiring the matter to be remitted for reconsideration.

Court Disposition

Appeal allowed; matter remitted for reconsideration by a first instance judge.

Orders

  • The appeal is allowed.
  • The care and placement orders are set aside.