B (A Child) (care proceedings)

B (A Child) (care proceedings)

The judge correctly applied the legal principles governing care and placement orders, properly balanced the competing factors, and her conclusion that B’s welfare was best served by adoption with her full sibling was open to her on the evidence; there was no error of law or approach justifying interference with her decision.

Parties
Appellant: B's father; Respondent/supporter of Appeal: B's mother; Interested Parties/supporters of Appeal: I (father’s cousin) and R (her partner); Respondent: Local authority; Respondent: B’s children’s guardian
Jurisdiction
England and Wales
Judgment Date
17 January 2018
Procedural Posture
Appeal (family/care Proceedings) / Judgment on Appeal From Care and Placement Orders
Outcome
appeal dismissed
Legal Topics
Care Orders, Placement Orders, Adoption, Sibling Relationships, Welfare of the Child, Kinship Care, Proportionality, Children Act 1989, Adoption and Children Act 2002
Family Law Child Law Care Orders Placement Orders Adoption Sibling Relationships Welfare of the Child Kinship Care +3 more

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Parties

B's father

Appellant

B's mother

Respondent/supporter of Appeal

I (father’s cousin) and R (her partner)

Interested Parties/supporters of Appeal

Local authority

Respondent

B’s children’s guardian

Respondent

Procedural Posture

Appeal (family/care Proceedings) / Judgment on Appeal From Care and Placement Orders

Legal Issues

  1. 1 Whether the judge erred by treating the placement decision as a competition between adopters and kinship carers
  2. 2 Whether the judge misapplied the principles in Re T regarding the court's role in care and placement proceedings
  3. 3 Whether the judge gave undue weight to the sibling relationship over other family relationships

Ratio Decidendi

The judge correctly applied the legal principles governing care and placement orders, properly balanced the competing factors, and her conclusion that B’s welfare was best served by adoption with her full sibling was open to her on the evidence; there was no error of law or approach justifying interference with her decision.

Court Disposition

appeal dismissed

Orders

  • Care order and placement order for B affirmed
  • Parents’ consent to placement dispensed with on welfare grounds