Re C & Ors (Care Proceedings: Adequacy of Reasons)
[2023] EWCA Civ 334
W & Ors (Implementation of Adoption Plan Pending Appeal)
25 July 2024
[2024] EWCA Civ 837
Court of Appeal
A local authority messed up by rushing to give four children up for adoption while appeals were still possible. The court said this was wrong, and gave the local authority some rules to follow next time so they don't hurt kids’ chances of staying with their families.
Key Facts
- •Three appeals arose from care and placement orders concerning four children.
- •Appeals were compromised, but the local authority arranged a farewell visit between children and parents while appeals were pending.
- •The local authority proceeded with adoption planning despite pending appeals and a court stay.
- •The court found the local authority's actions were inappropriate and contrary to the children's interests.
Legal Principles
Local authorities should not implement placement orders until after the 21-day appeal period, and even then, should consider pending appeal applications.
CPR 52.25(1) and Practice Direction C paragraph 4
A court stay must be respected; breaching it is unlawful and potentially contempt of court.
Inherent powers of the Court of Appeal
Welfare of the child is paramount in care proceedings.
Children Act 1989, s.1(3); Adoption and Children Act 2002, s.1(4)
Outcomes
Appeals were allowed (by concession).
The local authority's actions were deemed inappropriate and contrary to children's best interests.
Care and placement orders for three children were set aside.
The local authority acted improperly in proceeding with the farewell visit and adoption planning despite pending appeals and a court stay.
Proceedings were remitted to a different judge for case management.
To ensure a fair and impartial rehearing in light of the procedural errors.
Independent social worker assessments were ordered.
To provide further information for the court's decision-making.