F (a child) [2013] EWCA Civ 1277 (23 October 2013)

F (a child) [2013] EWCA Civ 1277 (23 October 2013)

A placement order should not be made where, at the time of the hearing, the evidence does not establish that adoption is in the child's best interests due to unresolved uncertainty about the appropriateness of adoption; the uncertainty in this case was not about the availability of adopters but about whether adoption would ultimately be right for the child, making the order premature.

Citation
[2013] EWCA Civ 1277
Parties
Subject: F (a child); Appellant: F (father); 1st Respondent: Derbyshire County Council (Local Authority); 3rd Respondent: L (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
23 October 2013
Procedural Posture
Appeal / Second Appeal to Court of Appeal (civil Division) From Derby County Court, Challenging Placement Order
Outcome
Appeal allowed; placement order discharged.
Legal Topics
Adoption, Placement Orders, Parental Consent, Child Welfare, Care Orders
Family Law Child Law Adoption Placement Orders Parental Consent Child Welfare Care Orders

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Parties

F (a child)

Subject

F (father)

Appellant

Derbyshire County Council (Local Authority)

1st Respondent

L (by her children's guardian)

3rd Respondent

Procedural Posture

Appeal / Second Appeal to Court of Appeal (civil Division) From Derby County Court, Challenging Placement Order

Legal Issues

  1. 1 Whether a placement order for adoption can be made when it is uncertain if adoption will ultimately be in the child's best interests due to the need for therapy
  2. 2 Whether the justices and the judge erred in law by granting a placement order in the face of manifest uncertainty about the appropriateness of adoption

Ratio Decidendi

A placement order should not be made where, at the time of the hearing, the evidence does not establish that adoption is in the child's best interests due to unresolved uncertainty about the appropriateness of adoption; the uncertainty in this case was not about the availability of adopters but about whether adoption would ultimately be right for the child, making the order premature.

Court Disposition

Appeal allowed; placement order discharged.

Orders

  • Placement order made by the justices and affirmed by Judge Orrell is discharged.
  • Local authority may apply again for a placement order when/if appropriate after therapy.