G & B (Children) [2007] EWCA Civ 358 (15 March 2007)

G & B (Children) [2007] EWCA Civ 358 (15 March 2007)

It was open to the judge to exercise discretion to make placement orders and refuse an adjournment for further family assessment, given the late emergence of the proposed carer, the evidence of her unsuitability, and the need to avoid further delay detrimental to the children's welfare. The judge had sufficient information and did not err in law or principle.

Citation
[2007] EWCA Civ 358
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 (family Law Placement Orders) / Appeal From Chelmsford County Court (placement Orders Under Adoption and Children Act 2002)
Outcome
Appeal dismissed (permission to appeal granted, but substantive appeal dismissed).
Legal Topics
Placement Orders, Adoption, Care Orders, Assessment of Family Carers, Judicial Discretion, Human Rights (article 8 Echr)
Family Law Child Law Placement Orders Adoption Care Orders Assessment of Family Carers Judicial Discretion Human Rights (article 8 Echr)

Case Brief

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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 (family Law Placement Orders) / Appeal From Chelmsford County Court (placement Orders Under 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 potential family carer (the mother's foster sister) and without convening a family group conference as previously ordered.

Ratio Decidendi

It was open to the judge to exercise discretion to make placement orders and refuse an adjournment for further family assessment, given the late emergence of the proposed carer, the evidence of her unsuitability, and the need to avoid further delay detrimental to the children's welfare. The judge had sufficient information and did not err in law or principle.

Court Disposition

Appeal dismissed (permission to appeal granted, but substantive appeal dismissed).

Orders

  • Placement orders for adoption of MG and DARG affirmed.
  • No adjournment for further family assessment.