Rotherham MBC v M & Ors

Rotherham MBC v M & Ors

The Placement Order for C is revoked due to material change in circumstances, including proven sexual abuse by father, failed adoption efforts, and C's welfare being best served by long term foster care. Notice to F is dispensed with as C's Article 8 rights outweigh F's limited rights. Delay in application is unacceptable but did not disrupt C's placement or care. The IRO failed to escalate appropriately. Judgment is published in public interest.

Parties
Applicant: Rotherham MBC; First Respondent: M; Second Respondent: F; Third Respondent: C
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Family Court Care and Placement Order Revocation / Final Hearing
Outcome
Placement Order revoked; Care Order revived; judgment published.
Legal Topics
Revocation of Placement Order, Long Term Foster Care, Parental Responsibility, Delay in Application, Role of Independent Reviewing Officer, Disclosure to Official Solicitor, Publication of Judgment
Family Law Child Welfare Revocation of Placement Order Long Term Foster Care Parental Responsibility Delay in Application Role of Independent Reviewing Officer Disclosure to Official Solicitor +1 more

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Parties

Rotherham MBC

Applicant

M

First Respondent

F

Second Respondent

C

Third Respondent

Procedural Posture

Family Court Care and Placement Order Revocation / Final Hearing

Legal Issues

  1. 1 Whether the Placement Order for C should be revoked
  2. 2 Whether notice to F (father) should be dispensed with
  3. 3 Whether M (mother) should be proceeded against in absence

Ratio Decidendi

The Placement Order for C is revoked due to material change in circumstances, including proven sexual abuse by father, failed adoption efforts, and C's welfare being best served by long term foster care. Notice to F is dispensed with as C's Article 8 rights outweigh F's limited rights. Delay in application is unacceptable but did not disrupt C's placement or care. The IRO failed to escalate appropriately. Judgment is published in public interest.

Court Disposition

Placement Order revoked; Care Order revived; judgment published.

Orders

  • Placement Order made on 25 September 2020 revoked.
  • Care Order revived and updated Care Plan approved for long term foster care.