J (Care Plan for Adoption), Re

J (Care Plan for Adoption), Re

The judge erred in law by making a final care order on the basis of a care plan for adoption without applying the statutory principles and proportionality assessment required by section 1 of the Adoption and Children Act 2002 and relevant case law; the order must be set aside.

Parties
Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
22 March 2024
Procedural Posture
Appeal / Judgment on Appeal From Family Court
Outcome
Appeal allowed; care order set aside; interim care order substituted; case remitted for urgent case management hearing before another judge.
Legal Topics
Care Orders, Adoption, Proportionality, Procedural Irregularity
Family Law Child Welfare Care Orders Adoption Proportionality Procedural Irregularity

Case Brief

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Parties

Mother

Appellant

Local Authority

First Respondent

Father

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the judge erred in making a final care order without a complete care plan for adoption
  2. 2 Whether the judge applied the correct statutory principles and proportionality assessment when approving a care plan for adoption
  3. 3 Whether procedural irregularities rendered the proceedings unjust

Ratio Decidendi

The judge erred in law by making a final care order on the basis of a care plan for adoption without applying the statutory principles and proportionality assessment required by section 1 of the Adoption and Children Act 2002 and relevant case law; the order must be set aside.

Court Disposition

Appeal allowed; care order set aside; interim care order substituted; case remitted for urgent case management hearing before another judge.

Orders

  • Set aside the care order in respect of J.
  • Substitute an interim care order.