If the Court has made a Placement Order in relation to your child, this means that the Local Authority can begin searching for an adoptive placement for their long-term care. The Court will have decided, based on the evidence within Care Proceedings, that this is the best option for your child at that time.
What happens next?
It is likely that your child will remain in foster care until an adoptive match is found. During this time, you may be able to continue having contact with your child, if this is deemed to be in their best interests. However, the amount of contact you can have may reduce.
The adoption team at the Local Authority will search for a match for your child for at least a year after the Placement Order is made.
If it appears unlikely that a match will be found, you could apply to revoke the Placement Order. This would stop the Local Authority from searching for an adoptive placement for your child.
Revocation of Placement Order – What is the test?
In order for the Court to revoke a Placement Order, a relevant party such as a parent or a Local Authority, has to apply for permission from the Court to make the application to revoke the order. This application must be made before a child is placed with prospective adopters, whilst still in foster care.
To do this, a direct application must be made to the Court. This must set out a change in circumstances that has occurred since the Placement Order was made, and any evidence of the same, and why revocation is necessary in the individual circumstances of your case.
The Court will then decide if it is in the child’s best interests for this to happen.
If the Court revokes the Placement Order, then the child will remain in the care of the Local Authority under a Care Order, as this will have been made alongside the Placement Order.
In order for a child to be returned to your care, you would then have to apply to discharge the Care Order, again by demonstrating a change to your circumstances that warrants your child’s return.
What if my child has already been placed with adopters?
If your child has been placed with prospective adopters under a Placement Order, the adopters will usually apply to the Court for an Adoption Order. If an Adoption Order is granted, all legal ties with your child may be severed.
You will be notified of this application by the Court, and if you wish to oppose this from happening, you can submit an application.
As above, you will be applying for permission to oppose the Adoption Order. The Court will consider the changes you say you have made since the Placement Order was made and can only grant permission to oppose the order if there has been a change of circumstances and the Judge considers it to be in the child’s best interests for permission to be granted.
If you are given permission, then it is likely that a further assessment will be completed by the Local Authority, and only in the event that this is positive may the child return to your care.
If a further assessment is not positive, it may give rise for a parent to discuss post adoption contact, in order for them to maintain ties and have contact with their child during their minority.
Next steps...
If you have any questions regarding placement orders, please contact me on freephone 0800 011 6666 or at legal@timms-law.com
