T (A Child : early permanence or kinship carers) [2017] EWFC B43 (14 July 2017)

T (A Child : early permanence or kinship carers) [2017] EWFC B43 (14 July 2017)

The court held that although T had formed a strong attachment to his current foster-to-adopt carers, the law requires that adoption be a measure of last resort, only where nothing else will do. The threshold for public law orders was met, but the evidence did not establish that placement with his paternal aunt and uncle, C and D, would be contrary to T's welfare or that adoption was necessary. The court found that the local authority failed to adequately pursue the family placement option and that the harm of disrupting T's current placement did not outweigh the lifelong consequences of severing family ties through adoption. Accordingly, the application for care and placement orders for...

Citation
[2017] EWFC B43
Parties
Mother: A; Father: B; Paternal Aunt and Proposed Kinship Carer: C; Paternal Uncle and Proposed Kinship Carer: D; Paternal Aunt and Current Carer of Sibling H: E; Current Foster Carer: F; Current Foster Carer: G; Children's Guardian: KC; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Care and Placement Order Proceedings / Final Judgment
Outcome
Application for care and placement orders refused; T to be placed with C and D under Special Guardianship Order.
Legal Topics
Adoption, Care Orders, Special Guardianship, Kinship Care, Welfare of the Child
Family Law Child Protection Adoption Care Orders Special Guardianship Kinship Care Welfare of the Child

Case Brief

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Parties

A

Mother

B

Father

C

Paternal Aunt and Proposed Kinship Carer

D

Paternal Uncle and Proposed Kinship Carer

E

Paternal Aunt and Current Carer of Sibling H

F

Current Foster Carer

G

Current Foster Carer

KC

Children's Guardian

Local Authority

Applicant

Procedural Posture

Care and Placement Order Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for making public law orders under s.31 Children Act 1989 is met
  2. 2 Whether a care and placement order for adoption should be made or T should be placed with family under a Special Guardianship Order
  3. 3 Whether adoption is necessary and proportionate in T's welfare throughout his life

Ratio Decidendi

The court held that although T had formed a strong attachment to his current foster-to-adopt carers, the law requires that adoption be a measure of last resort, only where nothing else will do. The threshold for public law orders was met, but the evidence did not establish that placement with his paternal aunt and uncle, C and D, would be contrary to T's welfare or that adoption was necessary. The court found that the local authority failed to adequately pursue the family placement option and that the harm of disrupting T's current placement did not outweigh the lifelong consequences of severing family ties through adoption. Accordingly, the application for care and placement orders for...

Court Disposition

Application for care and placement orders refused; T to be placed with C and D under Special Guardianship Order.

Orders

  • Refusal of care and placement orders for adoption
  • Direction for placement of T with C and D under Special Guardianship Order