British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
England and Wales County Court (Family)
You are here: BAILII >> Databases >> England and Wales County Court (Family) >> M (Revocation of Placement Order) [2014] EWCC B70 (Fam) (02 April 2014)
URL: http://www.bailii.org/ew/cases/EWCC/Fam/2014/B70.html
Cite as: [2014] EWCC B70 (Fam)
[New search] [Printable RTF version] [Help]
AND IN THE MATTER OF: M (A CHILD)
1 Bridge Street West Manchester M60 9DJ |
||
B e f o r e :
____________________
| Re: M (A Child) |
____________________
Apple Transcription Limited
Suite 204, Kingfisher Business Centre, Burnley Road, Rawtenstall, Lancashire BB4 8ES
Telephone: 0845 604 5642 – Fax: 01706 870838
Counsel for the Father: Not Known
Counsel for the Child: Not Known
Hearing dates:
____________________
Crown Copyright ©
- THE JUDGE: I am concerned with A, who was born on 29th March 2005 so is now just 9. A was the eldest of a sibling group of four children who became the subject of care and placement orders on 21st January 2011.
- The mother of all the children is B and the father of A, and of his sister C, is D. A's Cafcass guardian is E.
- This is the Local Authority's application to revoke the placement order in relation to A, which is supported by the father and A's guardian. I have dealt with it on the basis of the parties' submissions.
- The father has taken the trouble to attend this and previous hearings. The mother is not present in court. The Local Authority has gone to considerable lengths to try to trace her and, indeed, D has also done what he can to assist. It seems that the address that the Local Authority did once have is no longer occupied or capable of being occupied. The maternal grandmother has been contacted. She has no address for the mother. The telephone number she has provided "rings out" and attempts by a process server to find B have been unsuccessful. Given her lack of involvement in A's life in recent years and given that the order which I am asked to revoke was one which she stoutly opposed in 2011, I am satisfied that it is right to proceed in her absence on the basis that she currently simply cannot be found.
- The evidence was clear at the time when I granted the placement order that it would not be easy to find an adoptive placement for A and, indeed, that has proved to be the case. His younger siblings have all been placed together for adoption. I was very concerned about the plan to separate A and C but was ultimately persuaded that that was the right way forward for each of them individually. A has remained with foster carers who are approved to care for him long term.
- Happily, over the last three years, life has actually gone extremely well for A. He is very settled and happy with his foster carers, seeing himself as an integral part of that family. The guardian describes him as "a delightful, inquisitive and active little boy". This is undoubtedly where A wants to stay and where he is flourishing. He is doing well at school despite his initial difficulties. He enjoys sport and he is making good progress in all areas of his development.
- It is particularly fortunate that A is able to have contact with his younger siblings, maintained by their adopters and his foster carers. So, for instance, the children go to each other's birthday parties and exchange gifts at Christmas and Easter.
- The mother has had two children since the conclusion of the proceedings in January 2011. By that stage, she was living within a different Local Authority. Those children have, sadly, also had to be placed for adoption. It is unfortunate that direct contact between those two children and A and his three siblings has not yet been instituted. A's guardian, E, was also the guardian for those two children. She has spoken to their adopters, who are perfectly willing to facilitate direct and indirect contact. That is a matter that really does need to be resolved urgently.
- The other issue which must be sorted out is a life storybook for A. He has some understanding of why he is where he is and appears to be very emotionally secure in that understanding. However, he does still need a life storybook.
- That issue is linked with the question of indirect contact with D. There has been no indirect or direct contact over the last few years between A and his father. Indirect contact needs to be introduced in a careful and sensitive fashion in line with A's understanding, as it develops, of his current status. It is unfortunate that D has placed pictures of the children on Facebook. I accept his explanation that he did not understand that he was thereby doing anything wrong and his assurance that it will not happen in the future.
- Taking all of those matters into account, bearing in mind A's welfare throughout his life, and applying the welfare checklist at section 1(4) of the Adoption and Children Act 2002 I am satisfied that it no longer accords with A's welfare to remain the subject of a placement order and I formally revoke the placement order that I granted on 21st January 2011. I approve the Local Authority plan that A should remain with his current carers under the auspices of the existing care order to the Local Authority. I will reserve any further applications in relation to A to myself and I will make the usual orders in relation to the costs of this application.
- I am conscious that A's siblings have all been to court for an "adoption ceremony". If A and his carers would like to come to visit court to mark his new status, they would be most welcome. No doubt arrangements can be made via the key social worker.