MF v LA

MF v LA

Although there was probably a change in circumstances, the court refused leave to apply for revocation because the children have been settled with their current carers for a significant period, the proposed family members are unknown to the children, and the process of assessment and investigation would cause further delay and risk to the children's stability, with very limited prospects of success.

Parties
Applicant: MF; Respondent: LA; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
12 May 2015
Procedural Posture
Application to Revoke Placement Order / Judgment on Application for Leave to Revoke Placement Order
Outcome
Application for leave to revoke placement order refused.
Legal Topics
Revocation of Placement Order, Change of Circumstances, Welfare of the Child, Assessment of Family Members, Delay in Adoption Process
Family Law Child Protection Adoption Revocation of Placement Order Change of Circumstances Welfare of the Child Assessment of Family Members Delay in Adoption Process

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Parties

MF

Applicant

LA

Respondent

Children's Guardian

Children's Guardian

Procedural Posture

Application to Revoke Placement Order / Judgment on Application for Leave to Revoke Placement Order

Legal Issues

  1. 1 Whether there has been a change in circumstances sufficient to reopen the placement order
  2. 2 Whether leave should be granted to apply for revocation of the placement order under s.24 Adoption and Children Act 2002

Ratio Decidendi

Although there was probably a change in circumstances, the court refused leave to apply for revocation because the children have been settled with their current carers for a significant period, the proposed family members are unknown to the children, and the process of assessment and investigation would cause further delay and risk to the children's stability, with very limited prospects of success.

Court Disposition

Application for leave to revoke placement order refused.

Orders

  • Report on delay and misdirected correspondence to be provided by the local authority by 18th May 2015 to the court, children's guardian, and children's solicitors.