A grandmother has won the right to challenge placement orders made in respect of her two grandchildren. 

Case Background 

The local authority issued care proceedings for the children, aged two and three, in early 2022. Final care and placement orders were made later that year. The grandmother had not been assessed as a carer, and there was a dispute about whether she had put herself forward during the proceedings. 

Legal Proceedings 

After the proceedings ended, the grandmother applied to discharge the care orders and sought leave to apply for the revocation of the placement orders. The judge initially refused her applications, questioning whether a change of mind by a family member could amount to the change of circumstances required by the Adoption and Children Act 2002 for granting leave to revoke. 

Court of Appeal Decision 

The Court of Appeal found in favor of the grandmother, stating that a potential family placement becoming available could be considered a change in circumstances sufficient to open the door to granting leave. The refusal of leave was set aside, allowing the grandmother to proceed with her application.