N (Children: Refusal of Placement Orders) [2021] EWCA Civ 1652 (09 November 2021)

N (Children: Refusal of Placement Orders) [2021] EWCA Civ 1652 (09 November 2021)

The Judge was entitled to consider the mother's change of position and to refuse placement orders, but should not have dismissed the application without ensuring reunification was underpinned by clear, court-approved arrangements; the appeal is allowed to the extent that the application is remitted for further consideration of such arrangements.

Citation
[2021] EWCA Civ 1652
Parties
Appellant Local Authority: Wirral Borough Council; Respondent: Mother; Respondent: Father; Respondent: Children (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
09 November 2021
Procedural Posture
Appeal From Family Court (placement Orders) / Court of Appeal Judgment
Outcome
Appeal allowed in part; application for placement orders remitted to the Judge for further consideration.
Legal Topics
Placement Orders, Care Orders, Injunctions, Child Welfare, Parental Rights
Family Law Child Protection Placement Orders Care Orders Injunctions Child Welfare Parental Rights

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Parties

Wirral Borough Council

Appellant Local Authority

Mother

Respondent

Father

Respondent

Children (by Children's Guardian)

Respondent

Procedural Posture

Appeal From Family Court (placement Orders) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the refusal of placement orders was justified
  2. 2 Adequacy of protection for children under care orders with injunctions
  3. 3 Reliability of mother's promise to comply with court orders

Ratio Decidendi

The Judge was entitled to consider the mother's change of position and to refuse placement orders, but should not have dismissed the application without ensuring reunification was underpinned by clear, court-approved arrangements; the appeal is allowed to the extent that the application is remitted for further consideration of such arrangements.

Court Disposition

Appeal allowed in part; application for placement orders remitted to the Judge for further consideration.

Orders

  • Remit application for placement orders to the Judge to consider and endorse arrangements for reunification or redetermine the application.