Challenging the care plan

In Re C (a Child) (Care Proceedings: Care Plan) Regina (C) v Waltham Forest LBC (FD and QBD TLR 18 April)

The child’s guardian, who agreed with the care plan for adoption, but disagreed with the choice of proposed adopters, had been misguided in seeking to challenge the local authority’s proposals by way of judicial review and not within the existing care proceedings. The suitability of particular adopters was a matter just as well suited to ventilation in a family proceedings court as in the Family Division. In any event, it was to be hoped that no court would again be required so painstakingly to consider the lawfulness of a decision when the real issue was as to whether it best served the child’s interest. Judicial review might be a remedy if, following a final hearing, a local authority refused to amend a care plan to make it acceptable to the family court.