A Local Authority v E & Ors [2024] EWFC 210 (B) (21 June 2024)

A Local Authority v E & Ors [2024] EWFC 210 (B) (21 June 2024)

The court found that the children are thriving, bonded, and settled in their current foster placement, and that the likelihood of finding an adoptive placement for all three together is slim. The risk of separation and disruption outweighed the potential benefits of adoption. The absence of a special guardianship order or parental responsibility for the carers did not justify overriding the stability and permanency already achieved. Therefore, a care order for long-term foster care is in the children's best interests, and the application for placement orders is dismissed.

Citation
[2024] EWFC 210 (B)
Parties
Applicant: A Local Authority; First Respondent: E; Second Respondent: S; Third Respondent: The Children (via their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Care and Placement Orders (family Court) / Final Judgment
Outcome
Care order made as a final order; application for placement orders dismissed.
Legal Topics
Care Orders, Placement Orders, Adoption, Long Term Foster Care, Sibling Placement, Parental Responsibility, Best Interests of the Child
Family Law Child Law Care Orders Placement Orders Adoption Long Term Foster Care Sibling Placement Parental Responsibility +1 more

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Parties

A Local Authority

Applicant

E

First Respondent

S

Second Respondent

The Children (via their Children's Guardian)

Third Respondent

Procedural Posture

Care and Placement Orders (family Court) / Final Judgment

Legal Issues

  1. 1 Whether a placement order for adoption or a care order for long-term foster care is in the best interests of three siblings
  2. 2 Whether the sibling group should be separated for adoption
  3. 3 Whether the current foster placement provides sufficient permanency

Ratio Decidendi

The court found that the children are thriving, bonded, and settled in their current foster placement, and that the likelihood of finding an adoptive placement for all three together is slim. The risk of separation and disruption outweighed the potential benefits of adoption. The absence of a special guardianship order or parental responsibility for the carers did not justify overriding the stability and permanency already achieved. Therefore, a care order for long-term foster care is in the children's best interests, and the application for placement orders is dismissed.

Court Disposition

Care order made as a final order; application for placement orders dismissed.

Orders

  • Final care order for the three children in favour of the local authority under a plan of long-term foster care with current carers.
  • Application for placement orders (adoption) dismissed.