Re W (A Child)
[2019] EWCA Civ 1966 · Court of Appeal
What happened: A great-aunt offered to care for a young child whose mother could not provide his day-to-day care. The court nevertheless made care and placement orders supporting adoption. The great-aunt appealed because the judgment did not adequately explain the rejection of her proposed family placement, including her positive attributes and the assessment of risks.
What the court decided: The Court of Appeal allowed the appeal and set aside both orders. It could not be satisfied from the reasons given that adoption was a proportionate outcome. A rehearing was required if the local authority wished to pursue its applications. Pending that hearing, the child remained accommodated by the local authority under section 20 of the Children Act 1989.
Why it matters to adoptees: This case makes the consideration of relatives concrete. A willing family member is not automatically the appropriate carer, but their proposal must receive a meaningful assessment and a clear comparison with adoption. The court’s reasons should explain why the loss of existing legal family relationships is justified. The successful challenge reopened that decision; this judgment alone does not establish where the child ultimately lived.
Review limitations recorded
No exhaustive later treatment review; see source and review limitations.
Limitations: This entry captures the 2019 appeal. Later costs proceedings [2020] EWCA Civ 77 are a follow-up lead, not independently captured as an additional judgment in this batch.
Case details and sources
Adoptee involvement: Proceedings concerned a child or children. This summary does not attribute personal views to them beyond the published judgment.
Remedy sought: Care and placement orders set aside; rehearing.
Legal route: Appeal against care and placement orders
Judgments in this case
- [2019] EWCA Civ 1966 · Court of Appeal · 2019 · Judgment
Sources checked
- Judgment source (opens in a new tab)
Paragraphs 1–7 and 79–82 · Judgment
Review scope: Approved judgment PDF checked for appeal grounds and disposition. Later family outcome and costs judgment not independently captured.
Human verification pending. Entry: CASE-NEW-040.