F (A Child) [2014] EWCC B12 (Fam) (25 February 2014)

F (A Child) [2014] EWCC B12 (Fam) (25 February 2014)

The court found that although the mother had made some improvements in her mental health and circumstances, the changes were not sufficient or reliable enough to meet the statutory threshold for granting permission to apply to revoke the Placement Order. The risk of emotional harm to the child from further delay and uncertainty outweighed the mother's prospects of success. The welfare of the child required that the Placement Order remain in place and that the plan for adoption proceed without further delay.

Citation
[2014] EWCC B12 (Fam)
Parties
Mother/applicant: Ms. W; Local Authority/respondent: Buckinghamshire County Council; Children's Guardian/respondent: Ms. Crossby; Child/subject: F
Jurisdiction
England and Wales
Judgment Date
25 February 2014
Procedural Posture
Care and Placement Order Proceedings / Application for Permission to Revoke Placement Order; Final Hearing
Outcome
Permission to apply to revoke the Placement Order is refused.
Legal Topics
Revocation of Placement Order, Care Orders, Adoption, Parental Capacity, Change in Circumstances
Family Law Child Protection Revocation of Placement Order Care Orders Adoption Parental Capacity Change in Circumstances

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Parties

Ms. W

Mother/applicant

Buckinghamshire County Council

Local Authority/respondent

Ms. Crossby

Children's Guardian/respondent

F

Child/subject

Procedural Posture

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

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 the welfare of the child requires the revocation of the Placement Order
  3. 3 Assessment of mother's mental health and parenting capacity

Ratio Decidendi

The court found that although the mother had made some improvements in her mental health and circumstances, the changes were not sufficient or reliable enough to meet the statutory threshold for granting permission to apply to revoke the Placement Order. The risk of emotional harm to the child from further delay and uncertainty outweighed the mother's prospects of success. The welfare of the child required that the Placement Order remain in place and that the plan for adoption proceed without further delay.

Court Disposition

Permission to apply to revoke the Placement Order is refused.

Orders

  • The Placement Order remains in force.
  • The local authority is to proceed with the plan for adoption as approved.