G, Re [2019] EWFC B70 (13 June 2019)

G, Re [2019] EWFC B70 (13 June 2019)

The Local Authority failed to adhere to the court-approved care plan, did not properly consult or notify the family or the court before separating the siblings, and relied on inappropriate expert advice. These failures caused significant harm to the children and family. The court revoked the placement order for SG, approved the adoption of RG by her current carers, and made orders to secure the welfare of both children, including facilitating contact between siblings and with family.

Citation
[2019] EWFC B70
Parties
Child: SG; Child: RG; Mother: Mother (M); Applicant: Local Authority; Intervener: Maternal Grandmother; Respondents: Prospective Adopters of RG
Jurisdiction
England and Wales
Judgment Date
13 June 2019
Procedural Posture
Care and Adoption Proceedings / Final Judgment on Care, Placement, and Adoption Orders, Including Applications to Revoke/discharge Orders
Outcome
Placement order for SG revoked; adoption order for RG granted; final care order for SG in residential placement; orders for indirect and potential direct contact between siblings and with family; findings of significant failings by the Local Authority.
Legal Topics
Care Orders, Placement Orders, Adoption, Sibling Separation, Local Authority Duties, Human Rights Act Claims
Family Law Child Protection Care Orders Placement Orders Adoption Sibling Separation Local Authority Duties Human Rights Act Claims

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Parties

SG

Child

RG

Child

Mother (M)

Mother

Local Authority

Applicant

Maternal Grandmother

Intervener

Prospective Adopters of RG

Respondents

Procedural Posture

Care and Adoption Proceedings / Final Judgment on Care, Placement, and Adoption Orders, Including Applications to Revoke/discharge Orders

Legal Issues

  1. 1 Whether the Local Authority's handling of the care and placement plans for SG and RG was lawful and in the children's best interests
  2. 2 Whether the separation of siblings was justified and properly managed
  3. 3 What orders should be made for the long-term welfare of each child

Ratio Decidendi

The Local Authority failed to adhere to the court-approved care plan, did not properly consult or notify the family or the court before separating the siblings, and relied on inappropriate expert advice. These failures caused significant harm to the children and family. The court revoked the placement order for SG, approved the adoption of RG by her current carers, and made orders to secure the welfare of both children, including facilitating contact between siblings and with family.

Court Disposition

Placement order for SG revoked; adoption order for RG granted; final care order for SG in residential placement; orders for indirect and potential direct contact between siblings and with family; findings of significant failings by the Local Authority.

Orders

  • Revocation of placement order for SG
  • Final care order for SG in residential placement (P House)