B (A Child : Application for Leave To Revoke Placement Order) [2017] EWFC 26 (10 May 2017)

B (A Child : Application for Leave To Revoke Placement Order) [2017] EWFC 26 (10 May 2017)

The parents failed to demonstrate any change in circumstances since the placement order was made in November 2016. Their arguments focused on dissatisfaction with findings from 2014, which have not been appealed or set aside and do not constitute new circumstances. There was no evidence of abuse or neglect of the child in foster care. Therefore, the statutory threshold for leave to apply to revoke the placement order was not met.

Citation
[2017] EWFC 26
Parties
Applicants: The parents; Respondent: Local Authority; Subject: B (the child)
Jurisdiction
England and Wales
Judgment Date
10 May 2017
Procedural Posture
Family / Application for Leave to Revoke Placement Order and Related Applications
Outcome
Applications refused
Legal Topics
Revocation of Placement Order, Contact With Child in Care, Leave to Apply Under Adoption and Children Act 2002, Change in Circumstances, Child Welfare, Appeal Procedures
Family Law Child Protection Adoption Revocation of Placement Order Contact With Child in Care Leave to Apply Under Adoption and Children Act 2002 Change in Circumstances Child Welfare +1 more

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Parties

The parents

Applicants

Local Authority

Respondent

B (the child)

Subject

Procedural Posture

Family / Application for Leave to Revoke Placement Order and Related Applications

Legal Issues

  1. 1 Whether there has been a change in circumstances since the placement order was made justifying leave to apply for revocation under section 24(3) ACA 2002
  2. 2 Whether contact between parents and child should be increased
  3. 3 Whether the Local Authority should be permitted to place the child for adoption

Ratio Decidendi

The parents failed to demonstrate any change in circumstances since the placement order was made in November 2016. Their arguments focused on dissatisfaction with findings from 2014, which have not been appealed or set aside and do not constitute new circumstances. There was no evidence of abuse or neglect of the child in foster care. Therefore, the statutory threshold for leave to apply to revoke the placement order was not met.

Court Disposition

Applications refused

Orders

  • Refusal of permission to apply for revocation of placement order
  • Refusal of application for increased contact