All adoption and placement order proceedings are in scope under Schedule 1, Part 1, paragraph 1(i) of LASPO.
A placement order allows a local authority to place a child with prospective adopters. It does not mean the child has been adopted.
An adoption order is the final order that transfers parental rights to the adoptive parents.
If your client is a parent or has parental responsibility (Back to top)
If your client is a parent, or has parental responsibility for the child, check whether they oppose the placement order or adoption order.
If they oppose the order, this is a parental placement and adoption case. These cases are non-means tested and subject to a limited merits test. You should submit the application through Public Law, not Special Children Act (SCA).
NOTE: If placement proceedings are issued and will be heard within ongoing care proceedings, you must submit the placement proceedings as an amendment to the client’s Special Children Act (SCA) care certificate, as they are related proceedings.
What proceedings should I choose (Back to top)
If your client is a parent or person with parental responsibility who opposes the order, use the parental placement or adoption proceedings wording shown below.
These applications are non-means tested and subject to a limited merits test, but must still be submitted through Public Law, not SCA.
The Category of Law will be Family and the Matter Type will be Public Law – Family.
NOTE: If placement proceedings are issued and will be heard within ongoing care proceedings, you must submit the placement proceedings as an amendment to the client’s Special Children Act (SCA) care certificate, as they are related proceedings.
- If seeking to oppose Adoption, then select – Adoption Order-parent/PR – To represent a parent or person with parental responsibility on an application for an adoption order.
- If seeking to enforce an adoption order then – Adoption Order-parent/PR – enforcement – To represent a parent or person with parental responsibility on an application for a placement order. Enforcement only.
- If seeking to oppose placement then select – Placement order-Pub Law-Fam – to be represented on an application for a placement order.
- If seeking to enforce placement then select – Placement order-Enforcement-Pub Law-Fam – to be represented on an application for a placement order. Enforcement only.
- If seeking to revoke placement then select – Revocation placement order-Pub Law-Fam – to be represented on an application for revocation of a placement order.
An application to revoke a placement order is not a parental placement case and is subject to means and merits testing.
What level of service is appropriate? (Back to top)
All adoption and placement proceedings are at the full representation level of service.
What scope limitation should I choose? (Back to top)
The scope limit to choose will depend entirely on the circumstances of the case.
For example, if the client is the child in the adoption or placement proceedings, then you will choose – Limited to all steps up to and including final hearing and any action necessary to implement (but not enforce) the order.
If the client is the parent or person with parental responsibility and they can clearly demonstrate that there has been significant changes in the client’s circumstances since the care order was made to oppose the adoption/placement, then you can choose – Limited to all steps up to and including final hearing and any action necessary to implement (but not enforce) the order.
Information we need, if the client is seeking to revoke the placement order (Back to top)
- The original court order
- Details and evidence of the relevant changes in the client’s circumstances since the original order was made such as any court ordered reports of changes of circumstances
- The grounds why the client is seeking to either enforce or revoke the order
If your client does not oppose the order (Back to top)
If your client is a parent or person with parental responsibility but does not oppose the order, the application is means and merits tested. Submit the application using the standard placement or adoption proceedings.
If your client is not a parent and does not have parental responsibility (Back to top)
If your client does not have parental responsibility, the application does not qualify as a parental placement and adoption case. These applications are means and merits tested unless the client is a child.
SCA certificates and existing certificates (Back to top)
A placement order can be added to an SCA certificate as a related proceeding if it is being heard within ongoing care proceedings. In that situation, it will be non-means and non-merits tested.
Adoption order proceedings cannot be added to an SCA certificate. Adoption applications are made after the child has been placed with adopters, which will usually be after the final care order has been made.
If your client already has a Public Law certificate and you need to add one of the parental placement or adoption proceedings, submit a new application for the additional proceedings. Do not amend the existing certificate.
NOTE: This is particularly important where your client is paying a contribution on the existing matter. If the matters are being heard together, link the applications so they are legally linked.
Private adoption and post-adoption contact (Back to top)
Private adoption cases are rare. There are no separate private law adoption proceedings for legal aid purposes. The application remains public law and the correct route depends on the client’s role in the adoption.
Post-adoption contact may be covered where it is considered at the same time as the adoption order, or where the court lists a further hearing after making the adoption order, provided the certificate scope is wide enough. If the adoption order has already been made and the client later wants to apply for post-adoption contact, the matter is treated as private law and will only be in scope if gateway evidence is provided.
There are no specific post-adoption contact proceedings under private law. You should therefore apply using the child arrangements order for contact proceeding and explain in the application that it relates to post-adoption contact under section 51A of the Adoption and Children Act 2002.