If you're going through court proceedings related to a Placement Order or facing difficult decisions regarding your child, it's important to seek professional legal advice as early as possible.
At Susan Howarth, we offer non-judgmental and expert guidance while respecting your right to legal representation. Our highly respected solicitors who specialise in Placement Orders will provide you with reassurance by guiding you through the legal process and representing you in court if necessary.
Contact our Placement Order solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our Placement Order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
Our expertise with Placement Orders
A Placement Order is a legal measure sought by local authorities for children who cannot live with their birth parents.
It grants authority to place the child in long-term foster care or for adoption. It's typically pursued when a child's welfare is at risk and a permanent alternative to parental care is needed.
If your local council has applied for a Placement Order for your child, it is important to seek legal advice as soon as possible.
Our expert solicitors can give you advice about making an application to oppose a Placement order.
Our Placement Order solicitors are accredited by the Law Society for Family Law and Children Law and many of our team are members of Resolution, the leading professional network for family lawyers.
Frequently asked questions about Placement Orders
What is a Placement Order?
A Placement Order allows a local authority to find a suitable adoptive family for a child and to arrange for the child to be placed with potential adopters.
Legally, adoption is a two-stage process: first, the child must be ‘placed’ with a suitable family for a specified period of time; only if this placement is successful can an Adoption Order be pursued.
A Placement Order authorises the local authority to make this initial placement with the chosen family. Typically, an application for a Placement Order is made towards the end of care proceedings and is handled as part of that court case.
The court will grant a Placement Order only if it is determined to be in the child's best interests. In making this decision, the court must consider various factors outlined in what is known as the ‘welfare checklist’.
What is a Section 21 Placement Order?
Section 21 of the Adoption and Children Act 2002 defines a Placement Order as ‘an order made by the court authorising a local authority to place a child for adoption with any prospective adopters who may be chosen by the authority.’
The Section 21 Placement Order is subject to certain conditions, the court may not authorise a Placement Order for a child unless:
- The child is subject to a Care Order,
- The court is satisfied that the child is at risk of significant harm,
- The child has no parent or guardian.
The court may only make a Placement Order if the court is satisfied:
- That the parent or guardian has consented to the child being placed for adoption with any prospective adopters who may be chosen by the local authority and has not withdrawn the consent, or
- That the parent’s or guardian’s consent should be dispensed with.
A Placement Order will continue to remain in place:
- Until it is revoked
- An Adoption Order is made in respect of the child, or
- The child marries, forms a civil partnership or reaches the age of 18 years.
Can you have a Placement Order without a Care Order?
A Placement Order cannot be obtained without first obtaining a Care Order. A Care Order grants a local authority legal responsibility for the child's care and allows them to make decisions regarding the child's welfare.
Once a Care Order is in place, the local authority may then seek a Placement Order, which permits them to place the child with potential adoptive parents. Both orders are essential steps in the process of facilitating adoption proceedings and ensuring the child's best interests are upheld.
Do you need consent for a Placement Order?
The judge can only grant a Care and Placement Order if they are satisfied that each parent consents to their child being placed for adoption.
However, the parent’s consent can be 'dispensed’ with if it is deemed necessary for the child's welfare or if the parent cannot be found or is incapable of giving consent.
The judge must determine that issuing a Placement Order is better for the child than not issuing one.
The decision to make a Placement Order under the Children’s Act depends on the child's welfare and the judge's assessment of what serves the child's interests best.
How long does a Placement Order last?
A Placement Order remains in effect until one of three conditions is met: either the child is adopted, reaches the age of 18, or the order is 'revoked' by a Judge.
A Placement Order is designed to facilitate the child's placement with potential adoptive parents until they are formally adopted when it will automatically end.
A Placement Order will also end if the child marries, forms a civil partnership or reaches the age of 18 years.
The judge may also decide to revoke the Placement Order before the child is adopted. The local authority, a person acting on behalf of the child or the child’s parent may apply to the court to revoke a Placement Order at any time, if the child is not yet placed for adoption.
However, leave cannot be given by the court unless it is satisfied that there has been a change in circumstances since the order was made.
The court may also decide to discharge a Placement Order if, at the final Adoption Order hearing, the court decides that the child should not be placed for adoption.
Contact our Placement Order solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our Placement Order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.