Placement Orders

In cases where a Local Authority’s plan for a child aged around 6 years or less, is for the child not to return or remain in a parent’s care nor be placed with a family member, the Local Authority will usually apply for a Placement Order. If the child is aged 6 years or more, then often the local authority’s plan will be for long-term fostering under a full care order. A Placement Order enables the Local Authority to place a child for adoption with suitably approved prospective adoptive carers. A Placement Order can only be made by the Court if it considers that there is no other safe alternative placement for a child. Before making a Placement Order, the Court must consider contact between the child and their birth parents and whether or not the parents’ consent to the adoption. If a parent does not consent to adoption then the Court must dispense with a parent’s consent and can only do that if it is in the best interests of the child throughout the remainder of their childhood.

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Recent research has highlighted the benefit for the child of some contact with members of their birth family continuing, so courts are now more likely to consider if orders for contact are in a child’s best interests. If made at the same time as a placement order, the contact order will be reconsidered by the court once the adoption application has been made.

After a child has been placed with adopters under a Placement Order, those prospective adopters are likely to make an application to the court for an Adoption Order. Once a child has been placed with prospective adopters it is most unlikely that you would be able to seek that the child returns to your care. If an application for Adoption is made in the future then you should be notified.

Non-means and non-merits tested legal aid funding is now available for stand-alone placement order and adoption order proceedings, so please contact HAB Law for advice if you find yourself in this situation.

Once a child has been adopted, the legal connection with their birth family is severed and the child is treated as if he/she is a child of the adopters.

IMPROVING FAMILY LIVES

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