Matthew Brookes-Baker in M (A Child) (Placement Order) [2025] EWCA Civ 214
24th Apr 2025 | Cases
Matthew Brookes-Baker, instructed by Makin Dixon Solicitors, represented the Second Respondent Mother in M (A Child) (Placement Order) [2025] EWCA Civ 214; an appeal by aunt and uncle against making of placement order in relation to M, an 18 month-old child.
The case concerned M, an 18-month-old boy who had been in foster care since October 2023 due to concerns about his father’s substance misuse and his mother’s significant mental health issues. During care proceedings, M’s maternal aunt and uncle, residing in Pakistan, were proposed as alternative carers. A viability assessment and a subsequent Children and Families Across Borders (CFAB) report acknowledged cultural compatibility but highlighted uncertainties, including financial instability, potential delays in obtaining visas, and the need for further assessments.
At the final hearing, the judge declined to adjourn proceedings for additional assessments, citing the potential delay of six to twelve months and the associated risks to M’s welfare. Consequently, a care order and a placement order for adoption in the UK were granted.
The aunt and uncle appealed, arguing that the judge failed to consider whether a “robust and focused timescale” could have facilitated their assessment.
The Court of Appeal addressed the balance between a child’s need for timely permanency and the exploration of international kinship placements. The Court of Appeal dismissed the appeal, emphasising that the proposed international placement was “not achievable within M’s timescales” and that M’s best interests necessitated a timely and stable permanent home in the UK.
Also reported in Local Government Lawyer.
