Source: All England Reporter
Publisher Citation: [2008] All ER (D) 279 (Mar)
Neutral Citation: [2008] EWCA Civ 248
Court: Court of Appeal, Civil Division
Judge:

Thorpe and Hughes LJJ
Representation Michael Keehan QC and Lucy Hawkins for the appellant father.
  Lorna Meyer QC and Michelle Friel for the respondent local authority.
  Nergis-Anne Mathew for the respondent mother.
  Gregory Rogers for the children by their guardian.
Judgment Dates: 19 March 2008

Catchwords

Family proceedings - Orders in family proceedings - Placement order - Judge making placement orders in respect of two brothers - Evidence indicating not clear whether adoption being in best interests of children - Whether judge erring in making placement order - .

The Case

Family proceedings Orders in family proceedings. Where placement orders pursuant to the had been made in relation to children in circumstances where the evidence at trial had been that it was not possible to say at that stage whether adoption would be in the best interest of the children or in fact possible given the nature of the damage sustained by them, it was held that, in the unusual circumstances of the instant case, the placement orders had been made prematurely. Accordingly, the placement orders were set aside and substituted with orders adjourning the applications for them to a date to be fixed.

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