ABCDE
(Children Care Plans) [2017] EWFC B65 (24 August 2017) is a decision of HHJ Bellamy. The facts of this case are remarkably similar to the current case in that HHJ Bellamy also had to grapple with various options for placement of a large sibling group. The judgment emphasises how complex the issues are and the need for the assessments upon the children’s possible separation to consider all the permutations and the effect the possible outcomes will have on each child. The learned judge concluded that the final hearing in ABCDE had to be adjourned. In order to conclude the matter fairly, the judge took the view that it was necessary for further psychological evidence to be obtained dealing with the very issues that I have outlined above. In his case His Honour Judge Bellamy had the advantage that the case had until the point of the final hearing been conducted only just outside of the statutory six month period and he was able to justifiably say that further delay was necessary to conclude the case fairly. The timetable in this case is very different. The local authority issued its application on 10 May 2021 which means that the case is now in its 82nd week. Considering the ages of the children, it would be impossible to justify delay for any further assessment. None of the parties seek such a delay and therefore the case must be decided on the evidence that is available.
- The applications before the Court
- The parties’ positions
- The key issue: sibling separation
- ABCDE
- The background: the children’s lived experience
- The Law
- F (A Child : Placement Order: Proportionality
- The Public Law Working Group
- Re B-S
- Re H-W (Children)
- Re D (A Child Placement Order)
- Children and Adoption Act 2002
- The Adoption Agencies Regulations 2005
- Discussion as to the issues surrounding the effect of sibling separation
- Siblings, contact and the law: an overlooked relationship?
- Together or Apart? Assessing Siblings for Permanent Placement (BAAF, 2001, 2008)
- Beyond Together or Apart: Planning For, Assessing and Placing Sibling Groups (Coram BAAF, 2021)
- Beyond Together or Apart: Planning for, assessing and placing sibling groups 2021, a Coram Baaf Good Practice Guide
- Safe Contact: Children in Permanent Placement and Their Birth Relatives
- Section 26 ACA 2002: contact orders during placement
- Adoption and Children Act 2002
- Social media
- The Mother and F1
- The options for the children
- All children placed for and successfully adopted
- Placements being divided between foster placements and adoptive placements
- All children in foster care:
- All children to be returned home:
- The Children: pen portraits
- Siblings together and apart assessments
- The Children’s Guardian: Miss Madelaine Jones
- Strengthening Families: improving stability for adopted children 2021.
- Introducing Social Science Evidence in Family Court Decision-Making and Adjudication: Evidence from England and Wales.
- The possible adoption pathway for the children. Tracey Barton (Adoption Manager)
- Analysis of issues
- Options and Re B-S analysis
- Welfare checklist factors
- Conclusion
