W & Ors (Implementation of Adoption Plan Pending Appeal)

A local authority should not implement a placement order or adoption care plan until the 21-day appeal period has expired. Once an appeal notice is filed, it must not proceed as though no appeal exists, even if procedural defects delay consideration of permission or a stay. A stay prohibiting further steps is binding; breach is manifestly unlawful and prima facie contempt of court. A farewell contact visit should almost never take place while an appeal against a placement order remains outstanding. Any required variation of a stay should be sought from the appellate court.

Three appeals arose from care and placement orders made by the Family Court at Manchester in proceedings concerning four children. The local authority’s plans provided for long-term foster care for W and adoption for X, Y and Z. The paternal grandmother appealed the refusal of a further assessment. The father and M2 appealed the care and placement orders. While permission applications were pending, the local authority arranged a farewell visit and continued adoption planning. This Court later granted permission and stayed the proceedings, but an agency decision maker subsequently approved the placements.

At the appeal hearing, the local authority and Cafcass conceded material grounds, and the father withdrew his appeal concerning W. The central issue addressed was the proper conduct of adoption planning and contact while an appeal against a placement order is pending.

1. Disposition. The appeals concerning X, Y and Z were allowed by consent. The care and placement orders were set aside, the proceedings were remitted for case management before a different judge, and the paternal grandparents were joined as parties. The father withdrew his appeal against the care order concerning W.
2. A local authority should take no steps to implement a placement order or care plan for adoption until the 21-day appeal period has expired. After that period, an application for permission to appeal can proceed only if the proposed appellant obtains an extension of time under Civil Procedure Rules 52,25(1) and Practice Direction C, paragraph 4. Extensions are frequently granted where a placement-order appeal is filed fairly shortly after expiry.
3. If no appeal notice has been filed after 21 days, but the authority proposes to proceed because delay may harm the child, it should notify the other parties. A prospective appellant must then file the notice without further delay and seek an immediate stay.
4. Once an appeal notice has been filed and served, the authority must not act as if it had never been filed. If delay is damaging the child, it should contact the Civil Appeals Office to seek expedition. Respondents should urgently consider filing a respondent’s statement under Practice Direction 52C, paragraph 19(1).
5. A stay directing that no further step be taken under a placement order pending appeal is binding. Breach is manifestly unlawful and prima facie contempt of court. The authority may apply to vary the stay where a particular step is sought, but a farewell contact visit should almost never proceed while the appeal remains outstanding.

• Court of Appeal (Civil Division): [2024] EWCA Civ 837. The appeals concerning X, Y and Z were allowed by consent. The care and placement orders were set aside and the proceedings remitted for case management before a different judge.
• Family Court at Manchester: HH Bernard Wallwork, sitting as a deputy circuit judge, made care and placement orders on 4 April 2024. The paternal grandmother’s application for further assessment had been refused. Appeals were brought against those decisions.