Beverley King, Partner and Joint Head of the Family Department at Philcox Gray, recently represented a “first time” mother of a young baby on a successful appeal against a Care Order and Placement Order for adoption. The Local Authority had prospective adopters waiting in the wings but the mother’s successful appeal stopped the Adoption plan. The mother’s “goodbye” contact with her baby had taken place three months before the appeal decision.

Despite the mother making great progress during the care proceedings, including attending intensive therapy, the Court  made a Care Order and a Placement Order when the baby was just four months of age. The successful appeal against these Orders led to  the Court setting them aside and reinstating contact for mother and baby immediately. The proceedings are continuing.

It was a very interesting case which demonstrated how the quest to comply with the PLO 26 week time-scale can work against the child’s interests and the interests of the parents.  The  appeal  considered all of the recent developments in case law, including the landmark decisions of Re: B and Re: BS which have  brought a much needed requirement for close scrutiny of Care Plans for adoption of children. The Court is now duty bound to evaluate all of the options, ie, family placement or adoption, in terms of positives and negatives for the child.

If you need help or advice with any family matter, please contact us to see if we can assist you.

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