W (A Child) [2010] EWCA Civ 1535 (24 November 2010)

W (A Child) [2010] EWCA Civ 1535 (24 November 2010)

The Court of Appeal held that the judge below erred by conflating the issues of setting aside the adoption order and granting leave to oppose, and by conducting an insufficiently stringent balancing exercise regarding the child's welfare and the prospects of the mother's opposition. The procedural error warranted setting aside the adoption order, but the mother did not demonstrate sufficient prospects of success or a material change in circumstances to justify leave to oppose. The appeal was allowed, the mother's leave to oppose was set aside, and an unopposed adoption order was granted.

Citation
[2010] EWCA Civ 1535
Parties
Appellants: The Adopters; First Respondent (local Authority): London Borough of Lambeth; Second Respondent: The Mother
Jurisdiction
England and Wales
Judgment Date
24 November 2010
Procedural Posture
Appeal (family Law Adoption) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Adoption, Procedural Fairness, Leave to Oppose Adoption, Change of Circumstances, Welfare of the Child
Family Law Child Law Adoption Procedural Fairness Leave to Oppose Adoption Change of Circumstances Welfare of the Child

Case Brief

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Parties

The Adopters

Appellants

London Borough of Lambeth

First Respondent (local Authority)

The Mother

Second Respondent

Procedural Posture

Appeal (family Law Adoption) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the adoption order should be set aside due to procedural error (failure to notify mother)
  2. 2 Whether the mother should be granted leave to oppose the adoption order under section 47(5) of the Adoption and Children Act 2002

Ratio Decidendi

The Court of Appeal held that the judge below erred by conflating the issues of setting aside the adoption order and granting leave to oppose, and by conducting an insufficiently stringent balancing exercise regarding the child's welfare and the prospects of the mother's opposition. The procedural error warranted setting aside the adoption order, but the mother did not demonstrate sufficient prospects of success or a material change in circumstances to justify leave to oppose. The appeal was allowed, the mother's leave to oppose was set aside, and an unopposed adoption order was granted.

Court Disposition

Appeal allowed

Orders

  • Permission granted to the mother to oppose the adoption order is set aside
  • Order of the senior District Judge of 4 October is set aside in its entirety