Re B-S (Children) [2013] EWCA Civ 1146 (17 September 2013)

A landmark case that childcare practitioner’s need to read in full. The CA criticised the inadequate analysis by local authorities, guardians and judges of alternatives to adoption and the importance of taking both the pros and cons of adoption into account before making placement orders. The 26 week rule could and should be broken if necessary to allow this proper analysis to take place. The CA also gave firm guidance on the test to be applied to applications for leave to oppose the making of adoption orders. Disapproving of the phrase ‘exceptionally rare circumstances’ or ‘stringent’ in this context and emphasising that Section 47 (5) is intended to provide a parent in an appropriate case with a meaningful remedy.