CD (A Child), Re [2015] EWFC B152 (6 July 2015)

CD (A Child), Re [2015] EWFC B152 (6 July 2015)

There was no material change in the mother's circumstances since the original placement order; she continued to use drugs, was dishonest, and failed to engage with recommended support. The delay caused by her application was detrimental to CD. However, the court found that the circumstances regarding CD's placement and the delay in matching him with prospective adopters constituted sufficient change to consider whether leave should be granted. Further evidence was required on CD's adoptability before a final decision could be made.

Citation
[2015] EWFC B152
Parties
Applicant (mother): AB; First Respondent (local Authority): London Borough of Haringey; Second Respondent (child, Represented by Guardian): CD (A Child)
Jurisdiction
England and Wales
Judgment Date
06 July 2015
Procedural Posture
Family Court Application for Leave to Revoke Placement Order / Judgment on Application for Leave to Apply for Revocation of Placement Order
Outcome
Application for leave to apply for revocation of placement order not granted at this stage; further evidence ordered.
Legal Topics
Revocation of Placement Order, Adoption, Change in Circumstances, Contact With Birth Family, Child Welfare
Family Law Child Law Revocation of Placement Order Adoption Change in Circumstances Contact With Birth Family Child Welfare

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Parties

AB

Applicant (mother)

London Borough of Haringey

First Respondent (local Authority)

CD (A Child)

Second Respondent (child, Represented by Guardian)

Procedural Posture

Family Court Application for Leave to Revoke Placement Order / Judgment on Application for Leave to Apply for Revocation of Placement Order

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the placement order was made
  2. 2 Whether leave should be granted to the mother to apply for revocation of the placement order
  3. 3 Whether continued contact is in the child's best interests

Ratio Decidendi

There was no material change in the mother's circumstances since the original placement order; she continued to use drugs, was dishonest, and failed to engage with recommended support. The delay caused by her application was detrimental to CD. However, the court found that the circumstances regarding CD's placement and the delay in matching him with prospective adopters constituted sufficient change to consider whether leave should be granted. Further evidence was required on CD's adoptability before a final decision could be made.

Court Disposition

Application for leave to apply for revocation of placement order not granted at this stage; further evidence ordered.

Orders

  • Local Authority to commission independent assessment (by social worker or child psychiatrist) on whether adoption is in CD's best interests and whether he is still adoptable.
  • Contact between mother and CD suspended temporarily until next hearing.