N (Children)

N (Children)

The placement order must be set aside due to a breach of the Adoption Agency Regulations 2005, specifically the absence of a required health report from the medical adviser and a medical summary in the Child Permanence Report.

Parties
Appellant: Mother; Respondent Local Authority: Somerset County Council; Respondent Children: Children (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
21 May 2021
Procedural Posture
Family Law Appeal / Appeal From Placement Order
Outcome
Appeal allowed; placement order set aside
Legal Topics
Placement Order, Adoption, Care Order, Procedural Irregularity
Family Law Placement Order Adoption Care Order Procedural Irregularity

Case Brief

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Parties

Mother

Appellant

Somerset County Council

Respondent Local Authority

Children (by their Children's Guardian)

Respondent Children

Procedural Posture

Family Law Appeal / Appeal From Placement Order

Legal Issues

  1. 1 Whether the placement order should be set aside due to breach of Adoption Agency Regulations 2005
  2. 2 Whether the judge demonstrated that adoption was the only option for the child

Ratio Decidendi

The placement order must be set aside due to a breach of the Adoption Agency Regulations 2005, specifically the absence of a required health report from the medical adviser and a medical summary in the Child Permanence Report.

Court Disposition

Appeal allowed; placement order set aside

Orders

  • Placement order set aside
  • Local authority permitted to withdraw the underlying application for a placement order