P (A Child) (Rev 1)

P (A Child) (Rev 1)

The judge's conduct at the July hearing prematurely ruled out placement with grandparents in Poland, resulting in a fundamental error in case management and failure to properly assess family placement options. The local authority also failed to adequately pursue assessment of the grandparents. The process did not comply with Article 8 ECHR obligations to consider family placements.

Parties
Local Authority: Warrington Borough Council; Child: P (A Child); Applicants: Parents of A
Jurisdiction
England and Wales
Judgment Date
30 April 2014
Procedural Posture
Care Proceedings / Appeal From Final Care and Placement for Adoption Orders
Outcome
appeal allowed
Legal Topics
Care Orders, Placement for Adoption, Assessment of Family Carers, Article 8 ECHR, Case Management
Family Law Child Protection Human Rights Care Orders Placement for Adoption Assessment of Family Carers Article 8 ECHR Case Management

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Parties

Warrington Borough Council

Local Authority

P (A Child)

Child

Parents of A

Applicants

Procedural Posture

Care Proceedings / Appeal From Final Care and Placement for Adoption Orders

Legal Issues

  1. 1 Whether the judge prematurely ruled out placement with grandparents in Poland
  2. 2 Whether the local authority failed to properly assess family placement options
  3. 3 Whether the process complied with Article 8 ECHR obligations

Ratio Decidendi

The judge's conduct at the July hearing prematurely ruled out placement with grandparents in Poland, resulting in a fundamental error in case management and failure to properly assess family placement options. The local authority also failed to adequately pursue assessment of the grandparents. The process did not comply with Article 8 ECHR obligations to consider family placements.

Court Disposition

appeal allowed

Orders

  • Care order and placement for adoption order set aside
  • Fresh interim care order substituted