Options for Children’s Placements in Public Child Care Proceedings

Introduction

When one is tackling public childcare proceedings, once the issue of threshold has been determined, there will then often be legal argument over the appropriate placement options for the child.

Where is the child to be placed? Are they to live with either or both of the parents and if so, under the auspices of what order, if any?

What if the child is to be separated from the parent? What are the various placement options with other family members or otherwise?

Is it going to be child arrangements, (specifying living with), special guardianship, a fostering arrangement or adoption? These various options will need to be considered carefully to ensure that they meet the best and appropriate welfare needs for the child.

This webinar will provide you with an understanding of how important it is to know what the difference is in terms of placement options and the differences in terms of rights and obligations under them.

What You Will Learn

This webinar will cover the following:

• Placement of children with parents. Is it to be under a care order, child arrangements order, or ‘no order’?
• Placement with parents under Interim Care Orders - how does this fit in with the Care Planning Regulations?
• Key differences between Child Arrangements Orders and Special Guardianship Orders
• Significant elements of the Care Planning, Placement and Case Review (England) Regulations 2010 and the Care Planning, Placement and Case Review (Wales) Regulations 2015 for childcare practitioners
• What are Connected Persons? What is a difference between an IVA and a Kinship/Connected Persons Assessment?
• What are the duties upon local authorities to assess wider family members - consideration of Re H (Care and Adoption - Assessment of Wider family)
• Adoption or fostering - Which is the right one? Consideration of Re D-S (A Child: Adoption or Fostering)
• Placement at home under a Care Order - Effect of Re JW (Child at Home under Care Order) and consideration of later authority as set out in Re Q (Care Order at Home: Exceptional Reasons)
• Assessment of risk and removal following Re L-G (Children: Risk Assessment) and Re T (Children: Risk Assessment)
• Is adoption still appropriate if the court is considering post adoption contact? Modern approach to adoption following R and C (Adoption or Fostering)
• Further consideration of adoption when sibling contact is to continue - Impact of Re S (Placement Order Contact)
• Need for the court to carry out a balancing exercise between adoption and fostering - consideration of Re S (Foster care or placement for Adoption) [2026]
• In what situations will the court approve a plan for adoption even if a section 26 order is made? Consideration of Re B-A (Placement order and contact order) [2026]
• In what situations may a care order and Special Guardianship orders co-exist? Consideration of A London Brough v Father, MGM, and Child