T and R, Re (Refusal of Placement Order) [2021] EWCA Civ 71 (28 January 2021)

T and R, Re (Refusal of Placement Order) [2021] EWCA Civ 71 (28 January 2021)

The judge was entitled to conclude that, in the particular circumstances of this case, the advantages of adoption for T and R were outweighed by the real disadvantages and risks to sibling and cultural contact, and that long-term fostering better met their welfare needs. The judge's reasoning was clear, balanced,...

Source-derived case information.

Citation
[2021] EWCA Civ 71
Parties
Appellant: A Local Authority; Appellant: T and R (by their children's guardian); Respondent: RS; Respondent: TL
Jurisdiction
England and Wales
Judgment Date
28 January 2021
Procedural Posture
Appeal (family Law Placement Orders) / Court of Appeal Judgment on Appeal From Family Court
Outcome
Appeal dismissed
Legal Topics
Adoption, Placement Orders, Care Proceedings, Sibling Contact, Cultural Heritage, Proportionality, Best Interests of the Child
Family Law Child Law Adoption Placement Orders Care Proceedings Sibling Contact Cultural Heritage Proportionality +1 more

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Parties

A Local Authority

Appellant

T and R (by their children's guardian)

Appellant

RS

Respondent

TL

Respondent

Procedural Posture

Appeal (family Law Placement Orders) / Court of Appeal Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the refusal to make placement orders for adoption in respect of T and R was correct
  2. 2 Whether the judge gave sufficient weight to the advantages of adoption versus long-term fostering
  3. 3 Whether the importance of sibling and cultural contact was properly balanced against the benefits of adoption

Ratio Decidendi

The judge was entitled to conclude that, in the particular circumstances of this case, the advantages of adoption for T and R were outweighed by the real disadvantages and risks to sibling and cultural contact, and that long-term fostering better met their welfare needs. The judge's reasoning was clear, balanced, and in accordance with the strict legal test for severing family ties. There was no error of law or approach justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Refusal to make placement orders for adoption in respect of T and R upheld
  • No direction given regarding representation of older siblings in future hearings