Care and freeing orders

In re M (a minor) (care order: simultaneous application for freeing order) [2003] EWCA Civ 1874; LSG 5 February

When hearing applications by a local authority for both a care order and a freeing order under s18 of the Adoption Act 1976, the judge should treat them as separate and distinct applications requiring individual assessment; common sense requires that the care issues be determined first, and only if a care order is made should the freeing application then be considered. The judge had erred in principle in allowing the adoption issue to assume priority over the care issues in granting the father an adjournment for an assessment to be made of the fitness of a family member to assume responsibility for the child. The proper course was for the court to order the child to be committed into the care of the local authority and to be freed for adoption.