G and H (Leave to revoke placement order), Re

G and H (Leave to revoke placement order), Re

The judge erred in law by failing to join the children as parties and appoint a guardian, as required by the Family Procedure Rules. The judge also misapplied the test for change of circumstances under s.24(3) by focusing on whether the grandmother’s personal circumstances had changed, rather than whether there had...

Source-derived case information.

Parties
Appellant: Grandmother (Appellant); First Respondent: Local Authority; Second and Third Respondents: Children (by their guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Appeal From Family Court Decision Refusing Leave to Apply to Revoke Placement Orders
Outcome
Appeal allowed
Legal Topics
Adoption, Placement Orders, Revocation of Placement Orders, Children's Guardians, Procedural Fairness
Family Law Child Law Adoption Placement Orders Revocation of Placement Orders Children's Guardians Procedural Fairness

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Parties

Grandmother (Appellant)

Appellant

Local Authority

First Respondent

Children (by their guardian)

Second and Third Respondents

Procedural Posture

Appeal / Appeal From Family Court Decision Refusing Leave to Apply to Revoke Placement Orders

Legal Issues

  1. 1 Whether children are automatic parties to an application for leave under s.24(2)(a) of the Adoption and Children Act 2002
  2. 2 Whether a change of mind by a family member about putting themselves forward as a carer can amount to a change of circumstances under s.24(3)

Ratio Decidendi

The judge erred in law by failing to join the children as parties and appoint a guardian, as required by the Family Procedure Rules. The judge also misapplied the test for change of circumstances under s.24(3) by focusing on whether the grandmother’s personal circumstances had changed, rather than whether there had been a change in the circumstances leading to the placement order. The appeal is allowed and the application for leave to revoke the placement order must be reheard with the children joined and a guardian appointed.

Court Disposition

Appeal allowed

Orders

  • Order refusing leave set aside
  • Application for leave to revoke placement order to be reheard by another judge