M (A Child), In the Matter Of [2024] EWCA Civ 1000 (29 August 2024)

M (A Child), In the Matter Of [2024] EWCA Civ 1000 (29 August 2024)

The judge's decision was based on an erroneous belief regarding the foster carer's willingness to provide long-term care, lacked holistic evaluation of adoption versus fostering, and contained inadequate reasoning; therefore, the judgment could not stand and required rehearing.

Citation
[2024] EWCA Civ 1000
Parties
Appellant: Local Authority; First Respondent: Mother; Second Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
29 August 2024
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Placement Orders, Adoption, Care Orders, Welfare of Child, Judicial Reasoning
Family Law Child Protection Placement Orders Adoption Care Orders Welfare of Child Judicial Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

Local Authority

Appellant

Mother

First Respondent

Children's Guardian

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in dismissing adoption as a realistic option for M
  2. 2 Whether the judge failed to sufficiently evaluate realistic options for M's future care
  3. 3 Whether the judge's reasons were inadequate and his approach was linear rather than holistic

Ratio Decidendi

The judge's decision was based on an erroneous belief regarding the foster carer's willingness to provide long-term care, lacked holistic evaluation of adoption versus fostering, and contained inadequate reasoning; therefore, the judgment could not stand and required rehearing.

Court Disposition

appeal allowed

Orders

  • Order of 3 June 2024 set aside
  • Case remitted for urgent rehearing before a different judge