F (A Child), Re (Application for Permission To Revoke A Placement Order) V [2014] EWCC B13 (Fam) (25 February 2014)

F (A Child), Re (Application for Permission To Revoke A Placement Order) V [2014] EWCC B13 (Fam) (25 February 2014)

The court found that although the mother had made some improvements in her mental health and circumstances, these changes were not sufficient or of the necessary quality to meet the statutory threshold for permission to apply to revoke the Placement Order. The court further held that, even if the threshold were met, the prospects of success were so low and the risk of emotional harm to the child from further delay so significant that permission must not be granted. The welfare of the child, including the need for stability and permanence, was paramount.

Citation
[2014] EWCC B13 (Fam)
Parties
Mother / Applicant: Ms. W; Local Authority / Respondent: Buckinghamshire County Council; Children's Guardian / Respondent: Ms. Crossby; Father / Non Participating Party: M H
Jurisdiction
England and Wales
Judgment Date
25 February 2014
Procedural Posture
Care and Placement Order Proceedings / Application for Permission to Revoke Placement Order; Final Judgment on Application
Outcome
Application for permission to revoke Placement Order dismissed
Legal Topics
Revocation of Placement Order, Care Orders, Adoption, Parental Capacity, Mental Health and Parenting, Delay in Placement
Family Law Child Protection Revocation of Placement Order Care Orders Adoption Parental Capacity Mental Health and Parenting Delay in Placement

Case Brief

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Parties

Ms. W

Mother / Applicant

Buckinghamshire County Council

Local Authority / Respondent

Ms. Crossby

Children's Guardian / Respondent

M H

Father / Non Participating Party

Procedural Posture

Care and Placement Order Proceedings / Application for Permission to Revoke Placement Order; Final Judgment on Application

Legal Issues

  1. 1 Whether there has been a sufficient change in circumstances to grant permission to apply to revoke the Placement Order under s.24 Adoption and Children Act 2002
  2. 2 Whether granting permission would be in the child's welfare, considering delay and prospects of success

Ratio Decidendi

The court found that although the mother had made some improvements in her mental health and circumstances, these changes were not sufficient or of the necessary quality to meet the statutory threshold for permission to apply to revoke the Placement Order. The court further held that, even if the threshold were met, the prospects of success were so low and the risk of emotional harm to the child from further delay so significant that permission must not be granted. The welfare of the child, including the need for stability and permanence, was paramount.

Court Disposition

Application for permission to revoke Placement Order dismissed

Orders

  • Permission to apply to revoke the Placement Order is refused
  • The Placement Order remains in force