I (A Child) [2015] EWFC B8 (27 January 2015)

I (A Child) [2015] EWFC B8 (27 January 2015)

The changes advanced by the father—completion of a perpetrators' programme and reconciliation with the mother—were not of a nature and degree sufficient to re-open the question previously determined, given the limited and qualified acceptance of past violence, the recency and instability of the reconciliation, and the advanced stage of the adoption process. The prospects of success were not solid, and further delay would prejudice the child's welfare.

Citation
[2015] EWFC B8
Parties
Applicant (father): F; Respondent (local Authority): South Tyneside Borough Council; Mother (supporter): M
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
Application to Revoke Placement Order and Cross Application for Permission to Place Child for Adoption / Hearing on Applications Under Section 24(2) and 24(5) of the Adoption and Children Act 2002
Outcome
Application for leave to apply to revoke placement order refused; Local Authority's application for permission to place child for adoption granted, subject to a short stay.
Legal Topics
Adoption, Placement Orders, Revocation of Placement Orders, Change of Circumstances, Child Welfare, Delay Principle
Family Law Child Law Adoption Placement Orders Revocation of Placement Orders Change of Circumstances Child Welfare Delay Principle

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Parties

F

Applicant (father)

South Tyneside Borough Council

Respondent (local Authority)

M

Mother (supporter)

Procedural Posture

Application to Revoke Placement Order and Cross Application for Permission to Place Child for Adoption / Hearing on Applications Under Section 24(2) and 24(5) of the Adoption and Children Act 2002

Legal Issues

  1. 1 Whether there has been a sufficient change of circumstances to justify granting leave to apply to revoke a placement order under Section 24(2) of the Adoption and Children Act 2002
  2. 2 Whether the Local Authority should be granted permission to place the child for adoption under Section 24(5) of the Adoption and Children Act 2002

Ratio Decidendi

The changes advanced by the father—completion of a perpetrators' programme and reconciliation with the mother—were not of a nature and degree sufficient to re-open the question previously determined, given the limited and qualified acceptance of past violence, the recency and instability of the reconciliation, and the advanced stage of the adoption process. The prospects of success were not solid, and further delay would prejudice the child's welfare.

Court Disposition

Application for leave to apply to revoke placement order refused; Local Authority's application for permission to place child for adoption granted, subject to a short stay.

Orders

  • Refusal of father's application for leave to apply to revoke placement order under Section 24(2) Adoption and Children Act 2002.
  • Grant of Local Authority's application for permission to place child for adoption under Section 24(5) Adoption and Children Act 2002, subject to a stay until 1600 hours on 28 January 2015.