CM v Blackburn With Darwen Borough Council

CM v Blackburn With Darwen Borough Council

A placement order for adoption is lawful and appropriate even where the local authority's care plan includes dual planning (adoption and long-term fostering) as a contingency, provided the court has determined that adoption is required on welfare grounds and has conducted a proper welfare and proportionality analysis. The statutory test remains unchanged, and dual planning does not undermine the conclusion that 'nothing else will do.'

Parties
Appellant: CM; First Respondent: Blackburn with Darwen Borough Council; Second Respondent (by Her Children’s Guardian): M (A Child); Other Parties: Others
Jurisdiction
England and Wales
Judgment Date
18 November 2014
Procedural Posture
Appeal / Judgment on Appeal From Placement Order
Outcome
Appeal dismissed
Legal Topics
Adoption, Placement Orders, Dual Planning, Proportionality, Welfare of the Child
Family Law Child Law Adoption Placement Orders Dual Planning Proportionality Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

CM

Appellant

Blackburn with Darwen Borough Council

First Respondent

M (A Child)

Second Respondent (by Her Children’s Guardian)

Others

Other Parties

Procedural Posture

Appeal / Judgment on Appeal From Placement Order

Legal Issues

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

Ratio Decidendi

A placement order for adoption is lawful and appropriate even where the local authority's care plan includes dual planning (adoption and long-term fostering) as a contingency, provided the court has determined that adoption is required on welfare grounds and has conducted a proper welfare and proportionality analysis. The statutory test remains unchanged, and dual planning does not undermine the conclusion that 'nothing else will do.'

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the placement order stands.