MF v LA [2015] EWHC 3162 (Fam) (12 May 2015)

MF v LA [2015] EWHC 3162 (Fam) (12 May 2015)

Although there was arguably a change in circumstances, the court refused leave to apply to revoke the placement orders because the prospects of success were very limited, the children had formed secure attachments with their current carers, the proposed process would cause unacceptable delay and risk to the children's stability, and the paternal family members were unknown to the children and had not previously come forward despite opportunities.

Citation
[2015] EWHC 3162 (Fam)
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 Orders (family) / Judgment on Application for Leave to Apply to Revoke Placement Orders
Outcome
Application for leave to apply to revoke placement orders refused.
Legal Topics
Revocation of Placement Orders, Adoption and Children Act 2002 S.24, Change of Circumstances, Welfare of the Child, Assessment of Family Members, Delay in Care Proceedings
Family Law Child Law Revocation of Placement Orders Adoption and Children Act 2002 S.24 Change of Circumstances Welfare of the Child Assessment of Family Members Delay in Care Proceedings

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Parties

MF

Applicant

LA

Respondent

Children's Guardian

Children's Guardian

Procedural Posture

Application to Revoke Placement Orders (family) / Judgment on Application for Leave to Apply to Revoke Placement Orders

Legal Issues

  1. 1 Whether there has been a change in circumstances sufficient to reopen consideration of the placement orders under s.24 Adoption and Children Act 2002
  2. 2 Whether leave should be granted to apply to revoke the placement orders, considering the children's welfare and prospects of success

Ratio Decidendi

Although there was arguably a change in circumstances, the court refused leave to apply to revoke the placement orders because the prospects of success were very limited, the children had formed secure attachments with their current carers, the proposed process would cause unacceptable delay and risk to the children's stability, and the paternal family members were unknown to the children and had not previously come forward despite opportunities.

Court Disposition

Application for leave to apply to revoke placement orders refused.

Orders

  • Local authority to provide a report on the causes of delay and misdirected correspondence by 18th May 2015 to the court, children's guardian, and children's solicitors.