Appeal against care and placement

Re J (A Child) [2015] EWCA Civ 222

Appeal by a mother against care and placement orders. Appeal allowed and case remitted for rehearing. Court of Appeal endorses the President’s judgment in Re A

Even if that is demonstrated, adoption will not be ordered unless it is demonstrated by the local authority that “nothing else will do” when having regard to the overriding requirements of the child’s welfare.     The court must guard against “social engineering”.

vii) When a judge considers the evidence, he must take all of it into account and consider each piece of evidence in the context of all the other evidence, and, to use a metaphor, examine the canvas overall.

viii)  In considering a local authority’s application for a care order for adoption the judge must have regard to the “welfare checklist” in section1(3) of the Children Act 1989 and that in section 1(4) of the Adoption and Children Act 2002.   The judge must also treat, as a paramount consideration,  the child’s welfare “throughout his life” in accordance with section 1(2) of the 2002 Act.   In dispensing with the parents’ consent, the judge must apply section 52(1)(b) as explained in Re P (Placement Orders,  parental consent) [2008] EWCA Civ 535, [2008] 2 FLR 625.