Re T (A Child)

Re T (A Child)

The judge at first instance erred by accepting the local authority’s refusal to approve the grandmother as a foster carer without further challenge or exploration of alternatives. The family court retains the power and duty to assert its welfare assessment and must exhaust all available remedies, including requiring the local authority to reconsider, exploring alternative orders, or transferring the case for judicial review, before concluding that adoption is necessary. The making of a placement order in these circumstances was premature and disproportionate.

Parties
Appellant: Paternal Grandmother; Respondent (local Authority): Birmingham City Council; Respondent: Mother; Respondent: Father; Interested Party: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Appeal (family Law Child Placement) / Appeal From First Instance Judgment; Rehearing Ordered
Outcome
Appeal allowed; matter remitted for rehearing before a different judge limited to the grandmother’s position.
Legal Topics
Adoption, Care Orders, Placement Orders, Fostering Approval, Judicial Review, Article 8 ECHR, Local Authority Duties
Family Law Child Protection Administrative Law Adoption Care Orders Placement Orders Fostering Approval Judicial Review +2 more

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Parties

Paternal Grandmother

Appellant

Birmingham City Council

Respondent (local Authority)

Mother

Respondent

Father

Respondent

Children’s Guardian

Interested Party

Procedural Posture

Appeal (family Law Child Placement) / Appeal From First Instance Judgment; Rehearing Ordered

Legal Issues

  1. 1 Whether the family court can and should require the local authority to support a family placement when it has refused fostering approval
  2. 2 Whether a placement order for adoption was necessary and proportionate in the circumstances
  3. 3 Whether the judge at first instance failed to exhaust available remedies before making a placement order

Ratio Decidendi

The judge at first instance erred by accepting the local authority’s refusal to approve the grandmother as a foster carer without further challenge or exploration of alternatives. The family court retains the power and duty to assert its welfare assessment and must exhaust all available remedies, including requiring the local authority to reconsider, exploring alternative orders, or transferring the case for judicial review, before concluding that adoption is necessary. The making of a placement order in these circumstances was premature and disproportionate.

Court Disposition

Appeal allowed; matter remitted for rehearing before a different judge limited to the grandmother’s position.

Orders

  • Placement order set aside
  • Rehearing ordered before a different judge limited to the grandmother’s position