Exercising placement order discretion

Court of Appeal

Published December 21, 2007

M v Warwickshire County Council

Before Lord Justice Thorpe, Lord Justice Dyson and Lord Justice Wilson

Judgment November 1, 2007

On an application for leave to revoke a placement order based on a change of circumstances, a discretion arose in which the welfare of the child and the prospect of success should both be weighed and the former was not necessarily paramount.

The Court of Appeal so held in a reserved judgment in allowing an appeal brought by Warwickshire County Council against Judge Bellamy who, in Coventry County Count on August 24, 2007, granted leave to the mother to apply for revocation of placement orders, under section 24(3) of the Adoption and Children Act 2002, made by the