F (a child)

F (a child)

It was wrong to have granted the placement order because, at the time of the hearing, the evidence did not establish that L's welfare throughout her life required adoption. The uncertainty was not merely about finding adopters but about whether adoption would ultimately be right for L, making the case analogous to Re T and not Re P.

Parties
Subject Child: F (a child); Appellant: F (father); 1st Respondent: Derbyshire County Council; 3rd Respondent: L (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
23 October 2013
Procedural Posture
Civil Appeal / Second Appeal From Dismissal of Appeal Against Placement Order
Outcome
appeal allowed
Legal Topics
Adoption, Placement Orders, Dispensing With Parental Consent, Child Welfare
Family Law Child Law Adoption Placement Orders Dispensing With Parental Consent Child Welfare

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Parties

F (a child)

Subject Child

F (father)

Appellant

Derbyshire County Council

1st Respondent

L (by her children's guardian)

3rd Respondent

Procedural Posture

Civil Appeal / Second Appeal From Dismissal of Appeal Against Placement Order

Legal Issues

  1. 1 Whether the court was entitled to make a placement order for adoption when it was uncertain if adoption would ultimately be in the child's best interests due to the need for therapy
  2. 2 Whether the case was distinguishable from prior authorities (Re T, Re P) on the timing and appropriateness of placement orders

Ratio Decidendi

It was wrong to have granted the placement order because, at the time of the hearing, the evidence did not establish that L's welfare throughout her life required adoption. The uncertainty was not merely about finding adopters but about whether adoption would ultimately be right for L, making the case analogous to Re T and not Re P.

Court Disposition

appeal allowed

Orders

  • placement order discharged
  • local authority may apply again for a placement order when appropriate