B (A Child), Re [2011] EWCA Civ 509 (11 March 2011)

B (A Child), Re [2011] EWCA Civ 509 (11 March 2011)

The judge was over-influenced by prior proceedings and failed to recognise that the situation merited sensitive investigation; permission should have been granted to allow the mother and Z to apply for contact with C.

Citation
[2011] EWCA Civ 509
Parties
Appellant Mother: Mrs Hannah Wiltshire; Local Authority: Miss Deborah Archer
Jurisdiction
England and Wales
Judgment Date
11 March 2011
Procedural Posture
Appeal From County Court (family Law, Child Contact/adoption) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Adoption, Contact Orders, Article 8 ECHR, Section 91.14 Children Act 1989, Permission to Apply for Contact
Family Law Adoption Contact Orders Article 8 ECHR Section 91.14 Children Act 1989 Permission to Apply for Contact

Case Brief

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Parties

Mrs Hannah Wiltshire

Appellant Mother

Miss Deborah Archer

Local Authority

Procedural Posture

Appeal From County Court (family Law, Child Contact/adoption) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge was wrong to refuse the mother permission to apply for a contact order with her adopted child
  2. 2 Whether procedural flaws in earlier hearings affected the outcome
  3. 3 Whether the imposition of a section 91.14 restriction was justified

Ratio Decidendi

The judge was over-influenced by prior proceedings and failed to recognise that the situation merited sensitive investigation; permission should have been granted to allow the mother and Z to apply for contact with C.

Court Disposition

Appeal allowed

Orders

  • Set aside the county court order refusing permission
  • Grant the mother permission under section 10.9 to apply for contact