Success in the Court of Appeal, involving six members of Chambers
W & Ors (Implementation of Adoption Plan Pending Appeal) [2024] EWCA Civ 837
On 4 July 2024, the Court heard three appeals from family members seeking to set aside care and placement orders on the basis that the court at first instance should have adjourned and ordered assessments of the parents and grandparents, who put themselves forward to care for the children. The appeals were compromised at the door of the court.
The father was represented by Frances Heaton KC leading Paula Davitt; the Grandmother was represented by Matthew Carey led by Michael Jones KC (on a pro bono basis) and the mother was represented by Karl Rowley KC leading Sara Harrison-Fisher. Shaun Spencer KC represented the children.
The Court of Appeal set aside the care and placement orders, commenting had the appeals not been compromised the Court would have allowed the appeals, and remitted the matter to the Family Court for a rehearing.
The father and parents drew the Court’s attention to the local authority’s actions in respect of contact, despite the pending appeals, and, which the Court considered were ‘inappropriate steps’ and ‘a grave error’ by insisting farewell contact went ahead, which likely caused harm to the children. In a reserved judgment the decision of the Agency Decision Maker to approve a match was described as a ‘blatant breach’ of the Court of Appeal order to stay the placement orders pending appeal. At paragraph 49, the Court provided important and useful guidance to avoid this happening again.
The judgment is available here.
