N (Children: Revocation of Placement Orders), Re
[2023] EWCA Civ 1352
G and H (Leave to revoke placement order), Re
6 July 2023
[2023] EWCA Civ 768
Court of Appeal
A grandma wanted to stop her grandkids being adopted. A judge said no. The Court of Appeal said the judge made a mistake by not properly considering if things had changed enough to allow the grandma a chance and by not including the kids' point of view. They'll have another hearing.
Key Facts
- •Grandmother appeals refusal of leave to revoke placement orders for two grandchildren (G and H).
- •Placement orders made in November 2022 due to neglect and parental uncooperativeness.
- •Grandmother, initially not assessed as a kinship carer, applied for leave after placement orders were made.
- •Judge refused leave, citing lack of changed circumstances and late application.
- •Appeal raises issues of children's party status in leave applications and definition of 'changed circumstances'.
Legal Principles
Two-stage process for revoking placement orders: (1) Change in circumstances? (2) Should leave be granted?
Re D (Leave to Apply to Revoke Placement Orders) [2022] EWCA 299
Change in circumstances need not be significant, but sufficient to warrant consideration of leave.
Re P (Adoption: Leave Provisions) [2007] EWCA Civ 616
Child's welfare is relevant but not paramount at the leave stage.
M v Warwickshire County Council [2007] EWCA Civ 1084
Family ties can only be severed in exceptional circumstances; efforts must be made to preserve family relations.
YC v United Kingdom (2012) 55 EHRR 967
Applications for leave to revoke placement orders are to be made under Part 18 of the Family Procedure Rules 2010, not Part 14.
Family Procedure Rules 2010, Part 18 and Part 14
The child is a party to the application for leave to revoke a placement order under Part 18 of the FPR.
Family Procedure Rules 2010, Rule 18.3
Outcomes
Appeal allowed.
The judge erred in not making the children parties to the leave application and not appointing a guardian. The judge also applied the wrong test for 'changed circumstances'.
Order refusing leave set aside.
The grandmother's application for leave to revoke the placement order must be reheard with the children as parties and a guardian appointed.