Re D (A Child Placement Order)
[2022] EWCA Civ 806 Peter Jackson LJ said, in summary - As emphasised in the recent Supreme Court decision of H-W (Children), a decision leading to adoption requires rigorous evaluation and comparison of all the realistic possibilities for a child's future in light of any factual findings. The Court must evaluate the family placement, assess the nature and likelihood of the harm that the child would be likely to suffer in it, the consequences of the harm arising, and the possibilities for reducing the risks of harm or for mitigating its effects. There must then follow a comparison of advantages and disadvantages of that family placement with the advantages and disadvantages of adoption (and of any other realistic placement outcome short of adoption). Only through this process can the Court conclude that adoption is the only outcome that can provide for the child's lifelong welfare – that it's necessary and proportionate.25.Upon the making of placement orders the Court has the power to make a contact order under s26
- 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
