Placement Orders
A placement order authorises a local authority to place a child for adoption. In most circumstances, the court will make a placement order without a parent’s consent where the legal requirements for dispensing with consent are met.
If social services, now known as children’s services, are asking the court to make a placement order, getting legal advice as soon as possible is strongly advised. A placement order is a serious outcome in care proceedings because it allows the local authority to move forward with placing a child for adoption. However, a placement order does not itself make a child adopted. A separate adoption order is required before the adoption is legally completed.
Call National Legal Service Solicitors on 020 3601 5051 to speak to a care proceedings solicitor in confidence.
What is a placement order?
A placement order is a court order under the Adoption and Children Act 2002 that authorises a local authority to place a child for adoption with prospective adopters chosen by the local authority. It’s usually sought alongside a final care order where the local authority’s plan for the child is adoption.
A placement order gives the local authority the legal authority to place the child with prospective adopters and allows the adoption process to move forward. It does not itself make the child adopted. A separate adoption order is needed before the child is legally adopted.
When can the court make a placement order?
The court can only make a placement order where the legal conditions are met. The child must either be subject to a care order, the court must be satisfied that the conditions for making a care order are met or the child must have no parent or guardian.
The court must also be satisfied that each parent or guardian has consented to the child being placed for adoption, or that their consent should be dispensed with. Consent may be dispensed with if a parent or guardian cannot be found, lacks capacity to give consent or where the child’s welfare requires this.
A placement order is often considered at the final hearing in care proceedings, alongside the local authority’s application for a care order. The court will consider whether the evidence supports the local authority’s plan for adoption and whether any other realistic long-term option could meet the child’s needs. Adoption must be necessary for the child’s welfare, rather than simply being the local authority’s preferred plan.
Can I oppose a placement order?
Yes. A parent can oppose a local authority’s application for a placement order during care proceedings. This may involve challenging the local authority’s evidence, explaining why its proposed plan is not appropriate or asking the court to consider another realistic option for the child.
The outcome will depend on the evidence before the court, the applicable legal tests and what is necessary to safeguard the child’s welfare. Opposing the application therefore doesn’t mean that the court will refuse the placement order.
What role can interveners play?
In some cases, a relative or another person with a significant connection to the child may seek to become involved in the proceedings. This can be important where they believe they could provide an alternative to adoption, such as caring for the child themselves.
What happens if a placement order is made?
If the court makes a placement order despite a parent’s opposition, the local authority is authorised to place the child for adoption. The order does not itself make the child adopted, but it allows the local authority to proceed with finding prospective adopters.
A placement order can also restrict how a parent exercises parental responsibility in relation to the child’s placement for adoption.
Can a placement order be revoked?
A placement order can be revoked, but the circumstances in which this is possible are very limited and the timescale for making an application is short. A parent will generally need the court’s permission to apply for revocation and must demonstrate a change in circumstances since the placement order was made.
The position changes significantly once the child has been placed for adoption, as the opportunity to apply to revoke the placement order is then lost. If there has been a significant change in your circumstances, it is therefore important to seek specialist legal advice as soon as possible.
Placement order vs care order
A care order gives the local authority parental responsibility for a child. Parents keep their parental responsibility, but the local authority can make decisions about how it is exercised where this is necessary to safeguard and promote the child’s welfare.
A placement order goes further than this. It authorises the local authority to place the child for adoption, usually where the court has also made or is making a care order and has approved a plan for adoption. A placement order doesn’t itself make the child legally adopted, but it allows the local authority to identify and place the child with prospective adopters.
| Feature | Care order | Placement order |
|---|---|---|
| Main purpose | Places the child in the care of the local authority. | Authorises the local authority to place the child for adoption. |
| Parental responsibility | The local authority gains parental responsibility alongside the parents. | The local authority has parental responsibility and can exercise it to progress the adoption plan. |
| What it means in practice | The local authority may decide where the child lives and make arrangements for their care. | The local authority can identify prospective adopters and place the child with them. |
| Does it complete an adoption? | No. | No. A separate adoption order is needed before adoption becomes legally final. |
A placement order will often be considered alongside a final care order in care proceedings where the local authority’s long-term plan is adoption. The court must consider whether the orders are necessary and whether adoption is the right plan for the child’s welfare.
Legal aid for placement order proceedings
Legal aid may be available for parents and people with parental responsibility who wish to oppose a placement order. For qualifying legal representation, there is no means test, so income, savings and capital are not assessed.
Unlike qualifying legal aid care proceedings, placement order applications remain subject to the applicable merits criteria. A solicitor can check whether legal aid is available for your role in the proceedings and the work that is needed.
Frequently asked questions about placement orders
- What is a placement order?
A placement order authorises a local authority to place a child for adoption with prospective adopters it chooses. It does not itself make the child legally adopted.
The court can only make the order if the legal conditions are met. This includes considering the care order threshold, parental consent and the child’s welfare.
- Can a placement order be made without parental consent?
Yes. A placement order can be made without parental consent if the court decides that the parent’s consent should be dispensed with. This may be because the parent cannot be found, is incapable of giving consent or because the court decides that the child’s welfare requires consent to be dispensed with.
The court must consider the evidence carefully before making this decision.
- Can I oppose a placement order?
Yes. A parent can oppose a placement order application during care proceedings. You can present your response to the local authority’s evidence and explain why you say adoption is not the appropriate plan for the child.
The court will consider all the evidence and make its decision based on the child’s welfare. A solicitor can help you understand the evidence and prepare for the hearing.
- Does a placement order mean my child will definitely be adopted?
No. A placement order does not complete the adoption. It authorises the local authority to place the child with prospective adopters, but a separate adoption order is needed to make the adoption legally final.
The court will consider the adoption application at a later stage. Parents should seek advice promptly if they are concerned about a placement order or a proposed adoption.
- What happens to parental responsibility under a placement order?
Parents retain parental responsibility while a placement order is in force. However, the local authority also has parental responsibility and can decide how parental responsibility is exercised while it is arranging adoption for the child.
If an adoption order is later made, parental responsibility transfers to the adopters.
- Can a placement order be revoked?
A placement order can be revoked in limited circumstances. Before a child is placed with prospective adopters, a parent will usually need the court’s permission to apply and must show a change in circumstances since the order was made.
Once the child has been placed with prospective adopters, a parent cannot apply to revoke the placement order. The timing can therefore be very important.
- Do I get legal aid for placement order proceedings?
Legal aid may be available to parents and people with parental responsibility who oppose a placement order. Qualifying legal representation is non-means tested, which means your income, savings and capital are not assessed.
The merits criteria still apply and the position may differ for other people involved in the proceedings. A solicitor can check the funding position for your circumstances.
- Can a grandparent or other relative oppose a placement order?
A relative may be able to ask to be assessed as a potential carer or seek to become involved in the proceedings. Whether they can oppose the application directly will depend on their role, the court’s directions and whether they have been joined as a party.
If you are a relative who wants to care for a child, it is important to seek legal advice promptly and tell children’s services about your position.
- What is the difference between a placement order and an adoption order?
A placement order authorises the local authority to place a child for adoption. An adoption order is the final order that makes the adopters the child’s legal parents.
A placement order is therefore an important step towards adoption, but it is not the same as adoption itself.
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