Court of Appeal agrees to revoke care order made for five year-old

Teddy bearThe Court of Appeal has agreed to revoke a care order made for a now five year-old child, after the local authority admitted his circumstances had changed.

In May 2012, a judge had granted ‘placement orders’ for the a brother and sister, aged 11 and five, taking them into care before permanent adoption arrangements were made. Welfare plans for the children prioritised placing them together, whether in adoption or foster care.

The mother quickly applied for permission to appeal but this did not reach the courts until September this year. The local authority noted that they had not been able to find a suitable placement for the two children in the year and four months since the order had been made. They also suggested that the children’s personalities had developed and a joint placement was no longer necessarily in their best interests. It would be “a particularly difficult parenting task to look after the two of them in the same home”, according to the judgement.

The authority accepted that the older child would be unlikely to find a foster home given her age, and so had her placement order revoked before the Court of Appeal hearing.

The authority now wished to only place only the youngest child for adoption, with the older sibling remaining in long term foster care. During the hearing the authority agreed that the original placement order made for the younger child should now be revoked, and a fresh application made, to be considered in the light of circumstances as they then stood.

Lord Justice McFarlane said this was “a pragmatic and child-centred outcome”.

Photo by Adrian Bailon via Flickr under a Creative Commons licence

7 comments

vob re - October 31, 2013 at 9:15pm

The Mother appealed not to have a children adopted.
People who promote ‘Forced Adoption’ cannot have a ‘Maternal’ bone in their body.

Dana - November 15, 2013 at 1:35am

So both children’s personalities had developed sufficiently to separate them, one for adoption the other to long term foster care? This is not in the children’s best interests but to solve a logistical problem for the SS. Never mind the effect on the children, having lost their parents, to then lose each other! If it were not so tragic it would be a joke!

S - April 20, 2017 at 8:22am

I am wanting to revoke a care order to get my two children home.the social workers are saying there is no change.despite the fact that I’m not in the situation I was before.the social workers are saying my youngest son has problems he hasn’t.he is not allowed contact in the community with me.please could you help as I really want them home

Michelle - June 18, 2017 at 12:45am

Hi did they remove your children because of significant harm and neglect and are they in a different county city I have a similar situation SS are saying there hasn’t been enough time to see a change in circumstances but it’s been nearly 6months

Lisa - June 26, 2017 at 5:11pm

Hi I’m also looking to revoke my childrens care orders, the hardest thing I’m finding at the moment is the steps to take, filling out court application form (c110a) form who to present then to and give copies to, representing your self isn’t easy, any advice would be much appreciated.
I do wonder how many people are in the same boat, with the legal aid cuts?

Lisa - October 19, 2017 at 11:53am

Dear Lisa,
I’m self representing at the moment, I’ve applied to discharge my children’s care orders.
The first steps you need take is fill out the c100a form.
There’s an organisation called psu (personal support unit) there’s a few up and down the country, there’s also the family rights group who can help you fill in the questions.
I know the wording can look quite confusing on the c100a form so Google anything your unsure of.
You may also need an EX60 form (to see if your eligible for a lower court fee or none)
Once you’ve filled out the forms write a statement to accompany your forms and include all supporting evidence you have (emails, reports, letters, Lac notes etc)
You need several copies of each, 1 for your self, the court, cafcas, the local authority, and any other respondents (anyone who has parental responsibility and if anyone had a residence order before the care orders were made)
Send them into the same court that the care orders were granted.
Once the court has authorised them they will send them all back to you and you will need to deliver them to each person your self.

This whole court process can get quite over whelming, so make sure you take some time out for your self.

I hope this helps, good luck hun.

Lisa.H

Rachel - October 19, 2017 at 8:30am

Why do local authorities think this is good for children by splitting them up.taking them away from loving parents by going on false allegations and petty things. Local authorities do lie in court. The judges need to wake up and realise what is happening in England .

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