JL (Leave to Apply to Revoke Placement Order) (Rev 1) [2020] EWCA Civ 1253 (08 September 2020)

JL (Leave to Apply to Revoke Placement Order) (Rev 1) [2020] EWCA Civ 1253 (08 September 2020)

There was a clear and sufficient change in circumstances due to Mrs B's move to suitable accommodation, opening the door to an application to revoke the placement order. The potential advantages to J of being raised within his family and with his siblings outweighed the disadvantages of further delay. The judge below erred in finding no change of circumstances and in discounting the guardian's analysis.

Citation
[2020] EWCA Civ 1253
Parties
Appellant: B; Respondent: A Local Authority; Respondent: JL (by his children's guardian)
Jurisdiction
England and Wales
Judgment Date
08 September 2020
Procedural Posture
Appeal (family Law) / Appeal From Refusal of Leave to Apply to Revoke Placement Order
Outcome
Appeal allowed
Legal Topics
Adoption, Placement Orders, Special Guardianship Orders, Revocation of Placement Orders, Change of Circumstances, Child Welfare
Family Law Child Law Adoption Placement Orders Special Guardianship Orders Revocation of Placement Orders Change of Circumstances Child Welfare

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Parties

B

Appellant

A Local Authority

Respondent

JL (by his children's guardian)

Respondent

Procedural Posture

Appeal (family Law) / Appeal From 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 welfare of the child required granting leave to apply for a special guardianship order

Ratio Decidendi

There was a clear and sufficient change in circumstances due to Mrs B's move to suitable accommodation, opening the door to an application to revoke the placement order. The potential advantages to J of being raised within his family and with his siblings outweighed the disadvantages of further delay. The judge below erred in finding no change of circumstances and in discounting the guardian's analysis.

Court Disposition

Appeal allowed

Orders

  • Leave granted to Mrs B to apply to revoke the placement order and to apply for a special guardianship order
  • Matter to be listed for case management directions before another judge within the next fortnight