In the matter of M (A Child)

In the matter of M (A Child)

The judge's decision was based on a mistaken understanding of the foster carer's willingness to provide long-term care, failed to conduct a holistic evaluation of adoption versus fostering, and did not provide adequate reasons; thus, the order must be set aside and the case remitted for rehearing.

Parties
Appellant: Local Authority; First Respondent: Mother; Second Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
29 August 2024
Procedural Posture
Appeal Family Law (care and Placement Orders) / Appeal From Refusal of Placement Order; Rehearing Ordered
Outcome
Appeal allowed; order set aside; case remitted for rehearing before a different judge.
Legal Topics
Care Orders, Placement Orders, Adoption, Judicial Reasoning, Appeal Procedure
Family Law Child Protection Care Orders Placement Orders Adoption Judicial Reasoning Appeal Procedure

Case Brief

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Parties

Local Authority

Appellant

Mother

First Respondent

Children’s Guardian

Second Respondent

Procedural Posture

Appeal Family Law (care and Placement Orders) / Appeal From Refusal of Placement Order; Rehearing Ordered

Legal Issues

  1. 1 Whether the judge erred in dismissing adoption as a realistic option for the child
  2. 2 Whether the judge failed to evaluate the realistic options for the child's future care
  3. 3 Whether the judge's reasons were adequate and in line with legal requirements

Ratio Decidendi

The judge's decision was based on a mistaken understanding of the foster carer's willingness to provide long-term care, failed to conduct a holistic evaluation of adoption versus fostering, and did not provide adequate reasons; thus, the order must be set aside and the case remitted for rehearing.

Court Disposition

Appeal allowed; order set aside; case remitted for rehearing before a different judge.

Orders

  • Order of 3 June 2024 refusing placement order set aside.
  • Case remitted for urgent rehearing before a judge assigned by the Family Presiding Judge.