CM v Blackburn With Darwen Borough Council [2014] EWCA Civ 1479 (18 November 2014)

CM v Blackburn With Darwen Borough Council [2014] EWCA Civ 1479 (18 November 2014)

A court may make a placement order for adoption even where the local authority's care plan includes a dual track (adoption and long-term fostering) approach, provided the court determines, after a proper welfare and proportionality analysis, that adoption is required to safeguard the child's welfare. The existence of a contingency plan for long-term fostering does not undermine the primary decision for adoption, nor does it mean the statutory test is not met. The statutory test and the meaning of 'nothing else will do' have not changed; dual planning is permissible in appropriate cases.

Citation
[2014] EWCA Civ 1479
Parties
Appellant: CM; First Respondent: Blackburn with Darwen Borough Council; Second Respondent (by Her Children's Guardian): M (A Child)
Jurisdiction
England and Wales
Judgment Date
18 November 2014
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Placement Order Made by Preston County Court
Outcome
Appeal dismissed
Legal Topics
Adoption, Placement Orders, Care Proceedings, Parental Consent, Proportionality, Dual Planning
Family Law Child Law Adoption Placement Orders Care Proceedings Parental Consent Proportionality Dual Planning

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Parties

CM

Appellant

Blackburn with Darwen Borough Council

First Respondent

M (A Child)

Second Respondent (by Her Children's Guardian)

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Placement Order Made by Preston County Court

Legal Issues

  1. 1 Whether a placement order for adoption can be made when the local authority's care plan includes a dual (adoption and long-term fostering) track
  2. 2 Whether the statutory test for dispensing with parental consent to adoption is affected by dual planning
  3. 3 Proper interpretation of 'nothing else will do' in the context of adoption

Ratio Decidendi

A court may make a placement order for adoption even where the local authority's care plan includes a dual track (adoption and long-term fostering) approach, provided the court determines, after a proper welfare and proportionality analysis, that adoption is required to safeguard the child's welfare. The existence of a contingency plan for long-term fostering does not undermine the primary decision for adoption, nor does it mean the statutory test is not met. The statutory test and the meaning of 'nothing else will do' have not changed; dual planning is permissible in appropriate cases.

Court Disposition

Appeal dismissed

Orders

  • Placement order for adoption upheld
  • No change to the care plan or placement order