LR v A Local Authority & Ors

LR v A Local Authority & Ors

The judge failed to consider the value to the child of remaining with her foster carer, LR, and did not properly analyse all realistic options for the child's future, including adoption by LR. This omission constituted a material error and rendered the decision unsafe.

Parties
Appellant: LR; Respondent: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: RP (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Civil Appeal / Appeal From Care Order; Permission to Appeal Out of Time
Outcome
Appeal allowed; permission to appeal granted; case remitted for rehearing
Legal Topics
Care Orders, Adoption, Placement Orders, Attachment Theory, Welfare Checklist, Special Guardianship, Delay in Appeal
Family Law Child Welfare Care Orders Adoption Placement Orders Attachment Theory Welfare Checklist Special Guardianship +1 more

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Parties

LR

Appellant

A Local Authority

Respondent

A Mother

Respondent

A Father

Respondent

RP (by her children’s guardian)

Respondent

Procedural Posture

Civil Appeal / Appeal From Care Order; Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the judge failed to consider the value of the child's relationship with her foster carer when deciding placement
  2. 2 Whether all realistic options for the child's future were properly analysed
  3. 3 Whether disproportionate weight was placed on cultural background and sibling relationships

Ratio Decidendi

The judge failed to consider the value to the child of remaining with her foster carer, LR, and did not properly analyse all realistic options for the child's future, including adoption by LR. This omission constituted a material error and rendered the decision unsafe.

Court Disposition

Appeal allowed; permission to appeal granted; case remitted for rehearing

Orders

  • Application for care order and placement order in respect of R remitted for rehearing
  • Future allocation to be determined by Family Division Liaison Judge