R (Care Proceedings Joinder of Foster Carers) [2021] EWCA Civ 875 (15 June 2021)

R (Care Proceedings Joinder of Foster Carers) [2021] EWCA Civ 875 (15 June 2021)

It is contrary to the statutory scheme and established case law to join foster carers as parties to care proceedings for the purpose of advancing their candidacy as adopters. The court's scrutiny in care proceedings is limited to adoption in principle and does not extend to determining the merits of competing...

Source-derived case information.

Citation
[2021] EWCA Civ 875
Parties
Appellant: A Local Authority; First Respondent: A Mother; Second Respondent: R (by his children's guardian); Third and Fourth Respondents: Mr and Mrs A
Jurisdiction
England and Wales
Judgment Date
15 June 2021
Procedural Posture
Appeal (family Law Care Proceedings) / Court of Appeal Judgment on Appeal From Family Court Order Joining Foster Carers as Parties
Outcome
Appeal allowed; order joining foster carers as parties and related directions set aside.
Legal Topics
Care Proceedings, Adoption, Joinder of Parties, Children Act 1989, Adoption and Children Act 2002, Foster Carers' Rights, Case Management
Family Law Child Law Care Proceedings Adoption Joinder of Parties Children Act 1989 Adoption and Children Act 2002 Foster Carers' Rights +1 more

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Summary, issues, holding and outcome

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Parties

A Local Authority

Appellant

A Mother

First Respondent

R (by his children's guardian)

Second Respondent

Mr and Mrs A

Third and Fourth Respondents

Procedural Posture

Appeal (family Law Care Proceedings) / Court of Appeal Judgment on Appeal From Family Court Order Joining Foster Carers as Parties

Legal Issues

  1. 1 Whether it was lawful and appropriate to join foster carers as parties to care proceedings involving a child placed with them who they wish to adopt
  2. 2 Whether the judge erred in directing the local authority to file adoption assessments within care proceedings
  3. 3 Whether the judge was wrong not to list the local authority's care and placement applications for final hearing

Ratio Decidendi

It is contrary to the statutory scheme and established case law to join foster carers as parties to care proceedings for the purpose of advancing their candidacy as adopters. The court's scrutiny in care proceedings is limited to adoption in principle and does not extend to determining the merits of competing prospective adopters. The judge erred in law by joining the foster carers as parties and by directing the local authority to file adoption assessments within the care proceedings. The appropriate process is for the care and placement applications to be determined first, with any adoption application by foster carers to follow in accordance with statutory requirements.

Court Disposition

Appeal allowed; order joining foster carers as parties and related directions set aside.

Orders

  • Order joining Mr and Mrs A as parties to care proceedings set aside.
  • Directions requiring local authority to file adoption assessments within care proceedings set aside.