Introduction

The case of D, Re (Leave to Apply to Revoke Placement Orders) ([2022] EWCA Civ 299) heard by the England and Wales Court of Appeal represents a significant development in adoption and family law. This case revolves around a mother's attempt to revoke placement orders that authorized the local authority to place her two children for adoption. The primary legal contention was whether sufficient change in the mother's circumstances warranted granting leave for her to apply to revoke these orders. The Court of Appeal's decision to allow the appeal sets a new precedent in evaluating such applications, emphasizing a balanced and thorough assessment of changes in circumstances and their impact on the child's welfare.

Summary of the Judgment

The mother sought to revoke placement orders made in February 2021, which permitted the local authority to place her two children, aged 6 and 4, for adoption due to concerns over neglect and emotional harm stemming from her alcohol dependency. Initially, the lower court refused her application for leave to apply to revoke the placement orders, citing insufficient change in her circumstances. However, on appeal, the Court of Appeal overturned this decision. The appellate court found that the lower court had set the bar too high and failed to adequately consider the substantive changes in the mother’s situation, including sustained abstinence from alcohol, engagement in therapy, and efforts to understand and manage her children's special needs. Consequently, the Court of Appeal granted the mother leave to apply to revoke the placement orders, mandating a swift reconsideration of her application.

Analysis

Precedents Cited

The judgment references several key cases that collectively shape the legal framework for such applications:

• Re P (Adoption: Leave Provisions) [2007] EWCA Civ 616 - Established that a change in circumstances does not need to be significant but sufficient to warrant a reconsideration.
• Re B-S [2013] EWCA Civ 1146 - Affirmed the applicability of the aforementioned principles to applications under s.24 of the Adoption and Children Act 2002.
• M v Warwickshire County Council [2007] EWCA Civ 1084 - Clarified that the child's welfare is relevant but not the paramount consideration in such applications.
• NS-H v Kingston upon Hull City Council and MC [2008] EWCA Civ 493 - Emphasized the need to balance the mother's prospects of success in revoking the placement order against the child's interests.
• Re C (Revocation of Placement Order) [2020] EWCA Civ 1598 - Highlighted that revoking placement orders should be an exceptional measure, motivated by the child's welfare.
• Re B [2013] UKSC 33 - Stressed that adoption should be a last resort, and children should remain with their natural families wherever possible.
• Re G [2013] EWCA Civ 965 - Influenced the district judge's consideration of the statutory welfare checklist factors.

Legal Reasoning

The Court of Appeal scrutinized the lower court's application of the two-stage test under s.24(2)(a), which requires:

1. Determining whether there has been a change in circumstances since the placement order was made.
2. Assessing whether, given this change, leave should be granted to apply for revoking the placement order.

The appellate court found that the lower court had inadequately evaluated the change in circumstances. Specifically, it failed to fully consider the mother's sustained abstinence, her proactive engagement in cognitive behavioral therapy (CBT), and her efforts to understand her children's needs, as outlined in Dr. Mayer's and Ms. Kenley's reports. The appellate court argued that these factors collectively constituted a sufficient change to warrant granting leave.

Furthermore, the court criticized the lower court for overly relying on previous judgments without adequately integrating new evidence showing the mother's progress. It emphasized the importance of a holistic and dynamic assessment, taking into account both the mother's improvements and the children's best interests.

Impact

This judgment has profound implications for future cases involving the revocation of placement orders:

• Lowering the Threshold for Change: Courts may now adopt a more flexible approach in evaluating changes in a parent's circumstances, recognizing that even incremental improvements can be significant.
• Emphasis on Comprehensive Assessments: There will likely be a greater emphasis on incorporating multifaceted evidence, including psychological evaluations and therapeutic progress, when assessing applications.
• Balancing Child Welfare with Family Preservation: The decision reinforces the principle that family preservation should be prioritized wherever feasible, aligning with the overarching goal of providing children with stable and nurturing environments.
• Guidance for Social Workers and Guardians: Professionals involved in similar cases will have clearer guidance on the importance of documenting and presenting evidence of a parent's sustained efforts to improve their circumstances.
• Potential Increase in Reopened Cases: More parents might seek to revoke placement orders, leading to an increase in cases that require detailed and nuanced judicial evaluation.

Complex Concepts Simplified

Section 24(2)(a) of the Adoption and Children Act 2002

This legal provision allows individuals, other than the child or local authorities authorized by the placement order, to apply for permission to revoke a placement order. A placement order allows the local authority to place a child for adoption. To apply under s.24(2)(a), the applicant must demonstrate a change in circumstances significant enough to reconsider the placement.

Placement Orders and Revocation

A placement order is a legal order that allows a local authority to place a child for adoption. To revoke this order means to legally cancel it, thereby potentially allowing the parent to regain custody of the child.

Leave to Apply

Leave to apply is permission granted by the court to allow an individual to make a formal application to revoke a placement order. Without this leave, the application cannot proceed.

Holistic Balancing Exercise

This refers to the comprehensive evaluation process where the court weighs all relevant factors, including the parent's progress and the child's welfare, to make an informed decision.

CBT (Cognitive Behavioral Therapy)

CBT is a type of psychotherapy that helps individuals identify and change destructive thought patterns and behaviors, which can be crucial in managing issues like alcohol dependency.

Conclusion

The Court of Appeal's decision in D, Re (Leave to Apply to Revoke Placement Orders) ([2022] EWCA Civ 299) underscores the judiciary's commitment to ensuring that parents who demonstrate genuine and sustained improvements have a fair opportunity to regain custody of their children. By ruling that the lower court had set the bar too high in evaluating changes in circumstances, the appellate court has set a precedent for more balanced and nuanced assessments in similar cases. This decision not only reinforces the importance of family preservation but also ensures that the welfare of the child remains central while recognizing the potential for parental rehabilitation and change.