H (Children: Placement Orders), Re
[2023] EWCA Civ 1245
N (Children: Revocation of Placement Orders), Re
17 November 2023
[2023] EWCA Civ 1352
Court of Appeal
A mom tried to get her kids back from foster care, saying she'd changed. The judge said she had improved, but the kids need a permanent home *now*, and waiting longer would hurt them more. So the kids will stay on track for adoption.
Key Facts
- •Appeal by mother against dismissal of application to discharge placement orders and for an independent social worker assessment.
- •Two children, aged 7 and 5, in foster care since February 2021 due to domestic abuse by the father and the mother's failure to protect them.
- •Placement orders made in December 2021; prospective adopters identified in October 2022.
- •Mother made significant life changes since placement orders, but children are nearing adoption.
- •Four-day hearing on mother's application to revoke placement orders; Recorder rejected the application and the request for further assessment.
- •Appeal argues insufficient evidence, flawed assessment, and improper rejection of adjournment request.
Legal Principles
Court may revoke placement order; leave required for applicants other than the local authority; leave granted if sufficient change of circumstances and in child's best interest.
Section 24(1), (2), (3) Adoption and Children Act 2002
Once leave granted, revocation decision is a welfare decision under Section 1 of the 2002 Act.
Section 1(7)(a) Adoption and Children Act 2002
Principles governing applications to revoke placement orders; considering all realistic options and the impact of delay on the child's welfare.
In re C (Children) (Placement Order: Revocation) [2020] EWCA Civ 1598
Legal burden of proof rests with the applicant to show revocation is in the child's best interest; court considers whether the placement order still meets stringent conditions.
Re C
Evidence at revocation hearing differs in quantity and focus from original proceedings; focus on events since placement order and future prospects.
Decision to discharge a placement order is as serious as making one; delay prejudices child welfare.
Re H (Children: Placement Orders) [2023] EWCA Civ 1245
Risk assessment should focus on type of harm, likelihood, consequences, and mitigation options.
Re F (A Child) (Placement Order: Proportionality) [2018] EWCA Civ 2761
Outcomes
Appeal dismissed.
Recorder's decision was open to him; mother's progress acknowledged but insufficient to meet children's urgent need for a permanent home; further delay would cause significant harm to children.