JL (Leave to Apply to Revoke Placement Order) (Rev 1)

JL (Leave to Apply to Revoke Placement Order) (Rev 1)

The appeal was allowed because Mrs B's change in accommodation constituted a sufficient change in circumstances to justify granting leave to apply to revoke the placement order, and the potential advantages to J of being placed within his family outweighed the disadvantages of further delay.

Parties
Appellant: B (Mrs B); Respondent: A Local Authority; Respondent: JL (by his children's guardian)
Jurisdiction
England and Wales
Judgment Date
08 September 2020
Procedural Posture
Civil Appeal (family) / Appeal Against Refusal of Leave to Apply to Revoke Placement Order
Outcome
Appeal allowed; leave granted to apply to revoke placement order and for special guardianship order.
Legal Topics
Adoption, Placement Orders, Special Guardianship Orders, Revocation of Placement Orders, Welfare of the Child
Family Law Child Law Adoption Placement Orders Special Guardianship Orders Revocation of Placement Orders Welfare of the Child

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Parties

B (Mrs B)

Appellant

A Local Authority

Respondent

JL (by his children's guardian)

Respondent

Procedural Posture

Civil Appeal (family) / Appeal Against Refusal of Leave to Apply to Revoke Placement Order

Legal Issues

  1. 1 Whether there was a sufficient change in circumstances to justify granting leave to apply to revoke a placement order under section 24(3) of the Adoption and Children Act 2002
  2. 2 Whether the judge erred in exercising discretion by refusing leave based on delay, prospects of success, and welfare considerations

Ratio Decidendi

The appeal was allowed because Mrs B's change in accommodation constituted a sufficient change in circumstances to justify granting leave to apply to revoke the placement order, and the potential advantages to J of being placed within his family outweighed the disadvantages of further delay.

Court Disposition

Appeal allowed; leave granted to apply to revoke placement order and for special guardianship order.

Orders

  • Appeal allowed
  • Mrs B granted leave to apply to revoke the placement order