AB v Durham County Council & Ors (Revocation of Placement Orders)

AB v Durham County Council & Ors (Revocation of Placement Orders)

The risk of harm to the children from AB's potential relapse into alcohol abuse, lack of professional and social support, health complications, and inability to communicate effectively outweighs the benefit of revoking the placement orders. The children's welfare requires the placement orders to remain in force, and this is a proportionate interference with Article 8 rights.

Parties
Applicant: AB; First Respondent: Durham County Council; Second Respondent: C; Third Respondent: D
Jurisdiction
England and Wales
Judgment Date
17 December 2024
Procedural Posture
Family / Judgment on Application to Revoke Placement Orders
Outcome
Application to revoke placement orders dismissed
Legal Topics
Revocation of Placement Orders, Adoption, Care Orders, Child Welfare, Parental Rights
Family Law Child Welfare Revocation of Placement Orders Adoption Care Orders Parental Rights

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Parties

AB

Applicant

Durham County Council

First Respondent

C

Second Respondent

D

Third Respondent

Procedural Posture

Family / Judgment on Application to Revoke Placement Orders

Legal Issues

  1. 1 Whether placement orders for C and D should be revoked and children returned to AB's care
  2. 2 Assessment of risk of harm to children if returned to AB
  3. 3 Impact of AB's abstinence from alcohol and health status on children's welfare

Ratio Decidendi

The risk of harm to the children from AB's potential relapse into alcohol abuse, lack of professional and social support, health complications, and inability to communicate effectively outweighs the benefit of revoking the placement orders. The children's welfare requires the placement orders to remain in force, and this is a proportionate interference with Article 8 rights.

Court Disposition

Application to revoke placement orders dismissed

Orders

  • Placement orders for C and D to remain in force
  • No order for post adoption contact