C (Revocation of Placement Orders) [2020] EWCA Civ 1598 (27 November 2020)

C (Revocation of Placement Orders) [2020] EWCA Civ 1598 (27 November 2020)

The risks of placement breakdown and separation of siblings if rehabilitated with the mother were near certain and potentially catastrophic; adoption was the only realistic option to meet the children's welfare needs, and the judge's assessment was supported by evidence and legal principles.

Citation
[2020] EWCA Civ 1598
Parties
Appellant: A Mother; Respondent: A Local Authority; Respondent: A Father; Respondents: SC, LC and TC; Intervener: JA
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Revocation of Placement Orders, Child Welfare, Proportionality, Article 8 ECHR, Adoption and Children Act 2002
Family Law Child Law Adoption Law Revocation of Placement Orders Child Welfare Proportionality Article 8 ECHR Adoption and Children Act 2002

Case Brief

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Parties

A Mother

Appellant

A Local Authority

Respondent

A Father

Respondent

SC, LC and TC

Respondents

JA

Intervener

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in dismissing the application to revoke placement orders for three children
  2. 2 Whether the judge properly assessed the risks and benefits of rehabilitation with the mother versus adoption
  3. 3 Whether the judge failed to undertake a comparative analysis of realistic options

Ratio Decidendi

The risks of placement breakdown and separation of siblings if rehabilitated with the mother were near certain and potentially catastrophic; adoption was the only realistic option to meet the children's welfare needs, and the judge's assessment was supported by evidence and legal principles.

Court Disposition

Appeal dismissed

Orders

  • Placement orders remain in force
  • Children to proceed towards permanent adoptive placement