A, B, C, D and E (Children: Placement Orders: Separating Siblings) [2018] EWFC B11 (15 March 2018)

A, B, C, D and E (Children: Placement Orders: Separating Siblings) [2018] EWFC B11 (15 March 2018)

The court held that the local authority's amended care plans, which prioritise secure placements for the children and seek to place siblings together in pairs (B with C, D with E) without time-limiting the search, are in the children's best interests. Direct contact between Child A and his mother and grandmother is to be prioritised over sibling contact, based on professional consensus and the practical risks to adoptive placements. The court cannot lawfully impose conditions on placement orders or require the local authority to avoid individual placements in all circumstances, but expects the authority to pursue joint placements as set out in the care plans. Post-placement sibling...

Citation
[2018] EWFC B11
Parties
Applicant (local Authority): Derbyshire County Council; Respondent (mother): MK (Mother); Respondent (father): FZ (Father); Respondent (grandmother): GK (Grandmother); Subjects (children): A, B, C, D, E (Children)
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Care and Placement Proceedings (children Act 1989, Adoption and Children Act 2002) / Final Judgment on Placement Orders and Care Plans
Outcome
Placement orders and care orders made as per amended care plans; court endorses local authority's plans for placement and contact.
Legal Topics
Care Orders, Placement Orders, Adoption, Sibling Separation, Contact Arrangements, Welfare of the Child
Family Law Child Law Care Orders Placement Orders Adoption Sibling Separation Contact Arrangements Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Derbyshire County Council

Applicant (local Authority)

MK (Mother)

Respondent (mother)

FZ (Father)

Respondent (father)

GK (Grandmother)

Respondent (grandmother)

A, B, C, D, E (Children)

Subjects (children)

Procedural Posture

Care and Placement Proceedings (children Act 1989, Adoption and Children Act 2002) / Final Judgment on Placement Orders and Care Plans

Legal Issues

  1. 1 Whether the local authority's care and placement plans for the five children, including separating siblings, are in their best interests
  2. 2 Whether direct contact between Child A and his siblings or with his mother and grandmother should be prioritised
  3. 3 Whether post-placement sibling contact should be left to adopters' discretion or underpinned by court order

Ratio Decidendi

The court held that the local authority's amended care plans, which prioritise secure placements for the children and seek to place siblings together in pairs (B with C, D with E) without time-limiting the search, are in the children's best interests. Direct contact between Child A and his mother and grandmother is to be prioritised over sibling contact, based on professional consensus and the practical risks to adoptive placements. The court cannot lawfully impose conditions on placement orders or require the local authority to avoid individual placements in all circumstances, but expects the authority to pursue joint placements as set out in the care plans. Post-placement sibling...

Court Disposition

Placement orders and care orders made as per amended care plans; court endorses local authority's plans for placement and contact.

Orders

  • Care orders for all five children
  • Placement orders for adoption for B, C, D, and E