Placement Orders

Part of: Section 47 Report Explained: What Happens During Section 47 Enquiries?

Placement orders separate children from their parents and can often be devastating for parents who do not have custody or contact with their children. What can be more difficult is losing your child to adoption. If you are facing a placement order or want to challenge a placement order that has already been made, understanding your legal options is essential. Our family lawyers consider placement orders, how to revoke a placement order, your parental rights after a placement order, and the legal aid available to help you. We also examine a recent case in which a baby born in uncertain circumstances was to be adopted and removed from her mother’s care.

What are placement orders?

Placement orders are orders which allow the child to be placed with a suitable family following care proceedings. By such orders a child is placed for adoption. Such an order is made by the court under Section 21 of the Adoption and Children Act 2002. The courts will consider whether adoption is in the child’s best interest. For placement orders to be granted the courts must be satisfied that the child is at risk of significant harm. Once the court has been satisfied it can then consider and grant a section 21 placement order.

What must the local authority prove for placement orders?

The local authority must prove that an order is needed due to the child being unable to remain safe at home. The local authority must provide documentation to the court to support their application. This documentation must confirm why the local authority are worried about the child.

When can a court make a placement order under section 21?

A court can make a placement order under section 21 if the child is subject to a care order, the child has no parent or guardian, or the court is satisfied that conditions in section 31(2) of the children Act 1989 are met.

The conditions under section 31(2) are:

• The child is suffering, or is likely to suffer significant harm, and
• The harm or likelihood if the harm is attributable to;
• The care given to the child, or likely to be given if the placement order was not made, not being what it would be reasonable to expect a parent to give; or
• The child being beyond parental control.

How long do placement orders last?

These orders last until the order is revoked, the child is adopted or the child reaches the age of 18. It is important to note that while any person can apply to revoke this order, parents and family members must first obtain permission (leave) from the court. The local authority or the child can apply without needing leave. A critical point is that you can only apply to revoke a placement order before your child has been placed with prospective adopters. Once placement occurs, this route closes. Local authorities typically aim to place children within months of the order being made, so time is of the essence. For detailed guidance on how to revoke this order, the evidence you need, and the legal tests involved, see our comprehensive sections below.

What are care proceedings?

Care proceedings is the term used when the local authority issues court proceedings in respect of a child. If children’s services believe a child is at risk of significant harm, they are able to make an application to the court to protect the child.

Local authorities can make an application for a care order which gives them parental responsibility over the child. The local authorities will share this with the other parental responsibility holders such as the parents. The local authority has the power to exercise their parental responsibility above the other parental responsibility holders insofar as necessary to safeguard the welfare of a child.

What are adoption orders?

An adoption order is an order transferring the rights of a child to an adoptive parents. This means the child is not legally the child of the birth parents. Adoption orders permanently servers the ties between the child and the birth parent.

Is a parent’s consent required for a section 21 care order?

A parent’s consent is not always required when a placement order is made under section 21. The court can decide to proceed with the matter without the parents consent if it is satisfied that making of a placement order is in the best interests of the child.

Our family specialists consider a recent case in which a child born to a mother was to be placed for adoption.

Exceptional case in which a baby born to an isolated mother is to be adopted

The case of A local authority vs the mother and child is truly “an exceptional case in exceptional circumstances” as described by the high court judge.

A lady presented herself at a hospital, describing symptoms and asking for help. She turned out in fact to be about twenty-nine weeks pregnant. The lady is a member of an ethnic minority community and to a social worker at the hospital stated that her boyfriend was not the father of her unborn child and that she had become pregnant from a one-night stand after clubbing and that she had never seen the man concerned again.

Coincidentally, the baby was born very prematurely about a week later. On the date of the birth itself the mother signed a form, consenting to the baby being voluntarily placed with the local authority pursuant to section 20 of the Children Act 1989 and to being placed for adoption. In the form the mother stated she did not want to have any contact with her baby, and she did not have any contact details for the baby’s father.

Mother changes story surrounding the identity of the father

A few weeks later the mother informed a social worker that the father of the baby was her fiancé, whom she would be marrying a few weeks later. So, already differing accounts had emerged as to the circumstances in which the mother became pregnant and as to the identity or whereabouts of the father. The mother expressed that she cannot look after the child herself and that she wishes the child to be adopted and have no further involvement at all.

The mother said she cannot have anything to do with her baby and does not want the father, whoever he may be, or any of their family to even to know that she has given birth to a child as she fears there would be grave consequences for her from her family and in the community within which she lives. The mother sent an email to the social worker which says:

“I really love [the baby] and it really hurts me not to be [the baby’s] mother because I can’t look after [the baby]. If my family find out, they are going to kill me. I wish [the baby] could find the family that she deserves. That’s why I want [the baby] to be adopted.”

So, this mother has consistently repeated to social workers this very great fear that she might, at worst, be killed if even the fact of her pregnancy and, therefore, that she had sexual intercourse outside marriage was learned by anyone within her community.

Both parents must be made aware of the circumstances

The judge noted that even in the most exceptional circumstances, the statute and rules and practice all require that before consideration is given to the adoption of a child, both genetic parents if known, must be identified. It also necessary to consider the rights of the father, whoever he may be, under Article 8 of the European Convention on Human Rights.

The judge also stated “I am satisfied on the facts and in the circumstances, that this is, indeed, one of those very rare and exceptional cases. There must be consideration of the best interests of the child concerned. In the light of those facts and circumstances, it is really impossible to conceive how it could be of any benefit to this child to seek to identify the child’s genetic father so that he can be given notice”.

The judge concluded there will be a freestanding order or declaration to the effect that neither the local authority nor the guardian need take any further steps to seek to identify or locate the father of the child. The judge also stated the local authority need not give any notice of these or any future adoption proceedings to any member of the maternal or paternal family.

Given the mothers stance on not having anything to do with the family the judge ordered for a placement order and for the child to be adopted without any further notice to the maternal or paternal family.

Challenging and Revoking Placement Orders

Our family law specialists frequently assist parents who want to understand their options after a placement order has been made. The following sections answer the most common questions we receive about challenging these orders, your parental rights, and the legal process involved.

Can I Revoke a Placement Order in the UK?

Yes, it is possible to revoke such an order, but this requires meeting strict legal criteria and acting quickly. To revoke a placement order, you must first obtain permission (known as “leave”) from the court. The court will only grant leave if you can demonstrate a genuine change of circumstances since the original placement order was made.

It is crucial to understand that you can only apply to revoke a such an order before the local authority has been authorised to place a child with prospective adopters, and before your child has been placed with prospective adopters. Once a child is living with an adoptive family, revoking the placement order is no longer an option, though other legal routes may exist.

Our family law experts can assess whether you have grounds to revoke this order and guide you through the application process based on your individual circumstances.

How Do I Challenge a Placement Order Against My Child?

If you want to challenge a placement order, timing is everything. The process involves applying to the court for leave to challenge the order, which requires demonstrating that your circumstances have significantly changed since the order was made.

To successfully challenge this order, you will typically need to show evidence such as completion of therapy or rehabilitation programmes, stable housing and employment, or new supportive family relationships. The court will consider whether your changes are sufficient to warrant revisiting the original decision.

Challenging a placement order can be complex, and the legal tests are demanding. Our family lawyers can advise you on your prospects of success when you challenge a placement order and help prepare the strongest possible case.

What Are My Parental Rights After a Placement Order?

Understanding your parental rights after a placement order is essential during this difficult time. When this order is made, the local authority gains parental responsibility for your child and can restrict how you exercise your own parental responsibility.

However, you do not immediately lose all parental rights after a placement order. The child’s parents retain some rights until an adoption order is finalised, including the right to apply to revoke the order (before placement occurs) and the right to be notified when adoption proceedings begin.

Your parental rights after a placement order become more limited once your child is placed with prospective adopters. At this stage, you would need to seek permission to oppose the adoption order instead. The interplay between your parental rights and the adoption process can be confusing, which is why seeking specialist guidance early is so important.

Can I Stop My Child Being Adopted After a Placement Order?

Many parents ask whether they can stop adoption after a placement order has been made. The short answer is that options exist, but they become more limited as time passes.

Before your child is placed with adopters, you can apply to revoke the placement order if circumstances have changed. To stop adoption after a placement order at this stage, you must act quickly and demonstrate meaningful changes in your situation.

Once your child has been placed with prospective adopters, you cannot apply to revoke the placement order. However, to stop adoption after a placement order proceeding, you may be able to apply for permission to oppose the adoption order itself. This requires showing a change of circumstances and that opposing the adoption serves your child’s welfare.

The prospects of successfully stopping adoption after a placement order decrease significantly once children have settled with their new family. Our family law specialists can assess your options and advise on the best strategy based on your specific circumstances.

What Is a Change of Circumstances for Revoking a Placement Order?

A change of circumstances for a placement order application requires you to demonstrate that something meaningful has shifted since the original order was made. The court uses this as a threshold test before allowing your revocation application to proceed.

Examples of a change of circumstances for a placement order that courts have accepted include sustained periods free from substance misuse, completion of recommended therapy or courses, new stable relationships, or successfully parenting another child. However, not every change will be sufficient.

The change of circumstances for a placement order test looks at whether your changes are genuine, lasting, and relevant to the concerns that led to the original order. Simply expressing regret or making promises is unlikely to meet this threshold. Courts have described truly successful applications as showing “transformational change.”

Understanding what constitutes a valid change of circumstances for a placement order is crucial. Our family lawyers can evaluate whether your situation meets this threshold and advise on gathering appropriate evidence.

How Do I Apply for Leave to Revoke a Placement Order?

The leave to revoke a placement order process is the first hurdle parents must clear when seeking to overturn an order. “Leave” simply means permission from the court to make your application.

To apply for leave to revoke a placement order, you must complete the appropriate court form (Form A52) and submit it to the family court. Your application for leave to revoke a placement order must demonstrate a change in circumstances since the original order was made.

The court will consider two key questions when assessing your application for leave to revoke a placement order. First, has there been a sufficient change in circumstances? Second, does the child’s welfare require the court to grant leave? Getting leave to revoke a placement order does not guarantee success, but without it, your challenge cannot proceed.

The leave to revoke a placement order process can be technical and emotionally challenging. Our family law experts regularly assist parents with these applications and can advise whether you meet the necessary criteria.

What Is the Difference Between a Placement Order and a Care Order?

Understanding the difference between a placement order and a care order is important for parents navigating these proceedings. While related, these orders serve different purposes and have different consequences.

A care order places your child under the care of the local authority, which then shares parental responsibility with you. With a care order alone, your child might be placed in foster care with the possibility of returning home. The key difference between a placement order and a care order is that a placement order specifically authorises the local authority to place your child for adoption.

When considering the difference between a placement order and a care order, remember that a placement order is typically made at the same time as a final care order when adoption is the plan. The relationship between these orders means that if a placement order is revoked, any underlying care order comes back into effect.

Our family lawyers can explain how the difference between a placement order and a care order applies to your situation and what options you may have.

What Is the Welfare Checklist for Placement Orders?

The welfare checklist for placement orders is the framework courts use when deciding whether to make or revoke a placement order. Understanding this checklist helps you appreciate what factors the judge will consider.

Under the Adoption and Children Act 2002, the welfare checklist for placement orders requires the court to consider your child’s welfare throughout their life as the paramount consideration. Specific factors in the welfare checklist for placement orders include your child’s wishes and feelings (appropriate to their age), their particular needs, and the likely effect on them of becoming an adopted person.

The welfare checklist for placement orders also examines any harm your child has suffered or risks suffering, and the relationship your child has with relatives. Courts must consider whether any existing relationships could continue and the value of doing so.

Each element of the welfare checklist for placement orders is carefully weighed. Our family law specialists can advise how these factors may apply to your case.

What Happens to My Parental Responsibility After a Placement Order?

When a placement order is made, changes occur to parental responsibility that you need to understand. The local authority acquires parental responsibility and has the power to determine how you can exercise your own parental responsibility.

You do not lose parental responsibility entirely when a placement order is made, but your ability to make decisions about your child becomes severely restricted. The local authority can limit your parental responsibility to the extent necessary for your child’s welfare.

Once your child is placed with prospective adopters, they also acquire parental responsibility. This means multiple parties hold parental responsibility simultaneously, though the local authority controls how each party can use it. Your parental responsibility only ends completely when a final adoption order is made.

The impact on your parental responsibility varies depending on where you are in the process. Our family lawyers can explain exactly what rights remain and how to protect your position.

How Long Do I Have to Challenge a Placement Order?

Time is critical when you want to challenge this order. There is no fixed deadline written in law, but practical time limits make early action essential.

You can only apply to revoke this order before your child is placed with prospective adopters. Once placement occurs, this option closes entirely. Local authorities typically seek to place children within months of a placement order being made, so delay can be fatal to your case.

Even if you act quickly, the legal process takes time. Gathering evidence of changed circumstances, preparing your application, and obtaining court hearings all require weeks or months. The longer you wait to challenge a placement order, the more your child’s situation may have progressed.

If you are considering challenging such an order, contact our family law specialists immediately. Early advice gives you the best chance of understanding your options and taking appropriate action.

Can a Placement Order Be Made Without My Consent?

Yes, this order can be made without your consent in certain circumstances. The court has the power to dispense with parental consent if it determines this serves your child’s welfare.

For a placement order to be made without your consent, the court must be satisfied that either you have consented and not withdrawn that consent, or that your consent should be dispensed with because your child’s welfare requires it. A placement order without consent is commonly made when parents oppose adoption but the court concludes adoption is in the child’s best interests.

When facing a potential placement order being made without your consent, you have the right to contest the application in court. You can present evidence and arguments about why adoption is not appropriate and propose alternative arrangements.

A placement order made without consent represents one of the most significant interventions in family life. Our family lawyers understand the gravity of these proceedings and can provide the assistance and guidance you need.

What Evidence Do I Need to Revoke a Placement Order?

Building a strong evidence base is crucial when seeking to revoke such an order. The court needs concrete proof that your circumstances have genuinely and sustainably changed.

Evidence that may support your application to revoke a placement order includes completion certificates from relevant courses or programmes, letters from therapists or support workers confirming engagement and progress, evidence of stable accommodation and employment, and positive assessments from professionals who have worked with you. If you have successfully parented another child since the original order, this can be compelling evidence.

The evidence needed to revoke a placement order must directly address the concerns identified in the original proceedings. Simply gathering positive references is insufficient; your evidence must show that the specific risks that led to the order no longer exist.

Our family law experts can advise what evidence would strengthen your application to revoke a placement order and help you present it effectively.

What Happens After a Placement Order Is Made?

Understanding what happens after a placement order is made helps you prepare for the process ahead. The local authority will begin searching for suitable adoptive parents for your child.

After this order is made, the local authority becomes responsible for finding an appropriate match. This process can take varying amounts of time depending on your child’s age, needs, and circumstances. During this period, your contact with your child may be reduced or supervised.

Once prospective adopters are identified after a placement order is made, your child will be introduced to them gradually. If all goes well, your child will move to live with the adoptive family. The adopters must then wait at least ten weeks before applying for an adoption order.

After a placement order is made, your ability to intervene decreases as the process advances. If you have concerns or wish to challenge the order, acting early is essential. Our family lawyers can explain the timeline and your options at each stage.

Can Grandparents Challenge a Placement Order?

Grandparents and other family members often ask whether they can challenge a placement order affecting their grandchild. The law does permit applications from people other than parents, but additional hurdles apply.

To challenge a placement order, grandparents must first obtain leave (permission) from the court. The court will consider whether there has been a change of circumstances and whether granting leave would serve the child’s welfare. Grandparents who were assessed and ruled out during the original proceedings may find this particularly difficult.

Grandparents seeking to challenge a placement order should be aware that coming forward late in proceedings, after previously being absent or uninvolved, rarely succeeds. Courts are cautious about applications that could delay permanence for children who need stability.

If you are a grandparent wishing to challenge a placement order, seek specialist advice immediately. Our family lawyers can assess whether you have realistic prospects and advise on the best approach.

What Is the Difference Between a Placement Order and an Adoption Order?

Understanding the difference between a placement order and an adoption order clarifies where you are in the process and what options remain available.

A placement order authorises the local authority to place your child with prospective adopters. It is a step towards adoption but does not complete the process. The key difference between a placement order and an adoption order is significant because while a placement order is in force, you retain some rights and the possibility of challenging the plan.

An adoption order is the final step that legally transfers all parental rights and responsibilities to the adoptive parents. When comparing a placement order and an adoption order, the critical point is that an adoption order permanently severs your legal relationship with your child. After an adoption order, your child is legally the child of the adoptive parents.

The progression from placement order to adoption order means your opportunities to intervene decrease at each stage. If you wish to act, doing so before an adoption order is made is essential. Our family law specialists can advise on your position.

Do I Need Permission From the Court to Revoke a Placement Order?

Yes, you need court permission (called “leave”) before you can apply to revoke a placement order. This is not an automatic right for parents.

Only the local authority or the child can apply to revoke a placement order without first obtaining leave. Everyone else, including parents, must ask the court for permission. This permission to revoke a placement order will only be granted if you meet certain criteria.

To obtain permission to revoke a placement order, you must show that your child has not yet been placed for adoption and that there has been a change of circumstances since the order was made. The court will also consider whether your child’s welfare supports granting permission.

Obtaining permission to revoke a placement order is the first step in a two-stage process. Even with permission, you must then persuade the court that the order should actually be revoked. Our family lawyers can guide you through both stages.

What Are the Grounds for Opposing an Adoption After a Placement Order?

If your child has already been placed with prospective adopters, you cannot apply to revoke the placement order. However, you may have grounds for opposing adoption when the adoption application is made.

The grounds for opposing adoption require you to demonstrate a change of circumstances since the placement order was made. This is similar to the test for revoking a placement order but applies at a later stage when your child may already be settled with their new family.

Opposing adoption is extremely difficult because courts must prioritise your child’s welfare and will be reluctant to disrupt a placement where children are thriving. The grounds for opposing adoption must be compelling, and success is rare.

If you believe you have grounds for opposing adoption, act immediately when you receive notice of adoption proceedings. Our family law experts can assess your situation and advise whether opposing the adoption is realistic in your circumstances.

Consult with our family law specialist today

If you would like more information on child adoption, placement orders or any child law matter then contact our family lawyers on 0330 094 5880 to discuss your options or let us call you back. to arrange an initial consultation. With family lawyers in Oxford as well as Newcastle, York, Manchester, Northampton and London we are proud to have a national reach to service client’s locally.

We have assisted many parents in dealing with placement orders against their child and can assist you to. Speak to one of our specialists today to find out more.