Re CV (A Child) (Placement Order)

Re CV (A Child) (Placement Order)

The judge failed to carry out a clear and reasoned evaluation of all realistic options for the child's future care, specifically long-term foster care with the current carers, as required by established case law. Recent evidence showed that this option was viable and should have been considered. The failure to do so rendered the placement order unsafe and necessitated a rehearing.

Parties
Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
06 July 2022
Procedural Posture
Appeal (family/child Placement) / Appeal From Placement Order; Judgment on Appeal
Outcome
Appeal allowed; placement order set aside; matter remitted for rehearing before a different judge.
Legal Topics
Adoption, Placement Orders, Long Term Foster Care, Welfare of the Child, Care Proceedings
Family Law Child Law Adoption Placement Orders Long Term Foster Care Welfare of the Child Care Proceedings

Case Brief

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Parties

Mother

Appellant

Local Authority

First Respondent

Father

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal (family/child Placement) / Appeal From Placement Order; Judgment on Appeal

Legal Issues

  1. 1 Whether the judge properly identified and analysed all realistic options for the child's future care
  2. 2 Whether the judge sufficiently explained her reasons for making a placement order
  3. 3 Whether long-term foster care with current carers was a realistic option that should have been evaluated

Ratio Decidendi

The judge failed to carry out a clear and reasoned evaluation of all realistic options for the child's future care, specifically long-term foster care with the current carers, as required by established case law. Recent evidence showed that this option was viable and should have been considered. The failure to do so rendered the placement order unsafe and necessitated a rehearing.

Court Disposition

Appeal allowed; placement order set aside; matter remitted for rehearing before a different judge.

Orders

  • Placement order set aside.
  • Application for placement order to be reheard by a different judge.