H (Children), Re

H (Children), Re

The judge erred by making a final care order and placement for adoption without sufficient evidence regarding the children's attachment and contact needs, and without adequate assessment of the impact of severing family ties. The essential question of whether adoption or long-term fostering with contact was in the children's best interests required further assessment after moving the children from their grandparents. The appeal was allowed, the care order discharged, and an interim care order substituted pending further expert assessment.

Parties
Appellant: Ms [M] (Mother); Appellant: Mr [F] (Father); Respondent: Reading County Council
Jurisdiction
England and Wales
Judgment Date
12 July 2011
Procedural Posture
Care Proceedings / Appeal From Final Care Order and Placement for Adoption
Outcome
appeal allowed
Legal Topics
Care Orders, Adoption, Contact, Welfare of Children
Family Law Child Protection Care Orders Adoption Contact Welfare of Children

Case Brief

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Parties

Ms [M] (Mother)

Appellant

Mr [F] (Father)

Appellant

Reading County Council

Respondent

Procedural Posture

Care Proceedings / Appeal From Final Care Order and Placement for Adoption

Legal Issues

  1. 1 Whether the judge had sufficient evidence to make a final care order and placement for adoption
  2. 2 Whether the children's attachment and contact needs were adequately assessed before adoption
  3. 3 Whether the welfare checklist and balancing of security versus contact was properly applied

Ratio Decidendi

The judge erred by making a final care order and placement for adoption without sufficient evidence regarding the children's attachment and contact needs, and without adequate assessment of the impact of severing family ties. The essential question of whether adoption or long-term fostering with contact was in the children's best interests required further assessment after moving the children from their grandparents. The appeal was allowed, the care order discharged, and an interim care order substituted pending further expert assessment.

Court Disposition

appeal allowed

Orders

  • care order discharged
  • interim care order substituted