P (A Child) (Rev 1) [2014] EWCA Civ 888 (30 April 2014)

P (A Child) (Rev 1) [2014] EWCA Civ 888 (30 April 2014)

The judge's conduct at the July 2013 hearing amounted to a premature and improper exclusion of family placement options in Poland, leading to a fundamentally flawed process. The local authority also failed to meet its duty to properly assess the grandparents as potential carers. The resulting care and placement for adoption orders cannot stand.

Citation
[2014] EWCA Civ 888
Parties
Local Authority: Warrington Borough Council; Child: P (A Child)
Jurisdiction
England and Wales
Judgment Date
30 April 2014
Procedural Posture
Family Law Care and Placement for Adoption / Appeal From County Court (liverpool) to Court of Appeal (civil Division)
Outcome
Appeal allowed; care order and placement for adoption order set aside; interim care order substituted; case remitted for rehearing before a different judge at a different court centre.
Legal Topics
Care Proceedings, Placement for Adoption, Kinship Care, Article 8 ECHR, Case Management, Judicial Error
Family Law Child Protection Human Rights Care Proceedings Placement for Adoption Kinship Care Article 8 ECHR Case Management +1 more

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Parties

Warrington Borough Council

Local Authority

P (A Child)

Child

Procedural Posture

Family Law Care and Placement for Adoption / Appeal From County Court (liverpool) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the judge prematurely and improperly ruled out placement of the child with family members in Poland
  2. 2 Whether the local authority failed in its duty to properly assess family members as potential carers
  3. 3 Whether the process leading to the adoption order was fundamentally flawed

Ratio Decidendi

The judge's conduct at the July 2013 hearing amounted to a premature and improper exclusion of family placement options in Poland, leading to a fundamentally flawed process. The local authority also failed to meet its duty to properly assess the grandparents as potential carers. The resulting care and placement for adoption orders cannot stand.

Court Disposition

Appeal allowed; care order and placement for adoption order set aside; interim care order substituted; case remitted for rehearing before a different judge at a different court centre.

Orders

  • Set aside care order and placement for adoption order.
  • Substitute interim care order.