B (a child: adoption process), Re [2015] EWFC B182 (22 July 2015)

B (a child: adoption process), Re [2015] EWFC B182 (22 July 2015)

The adoption application was valid because B had his home with Mr and Mrs X for the required period, and the statutory requirements under the Adoption and Children Act 2002 were satisfied. The date of 'placement for adoption' is determined by the ADM's approval following the matching process, not by the child's physical movement.

Citation
[2015] EWFC B182
Parties
Applicants / Prospective Adopters: Mr and Mrs X; Local Authority / Respondent: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Adoption Application / Determination of Validity of Adoption Application and Directions for Further Proceedings
Outcome
Application valid; directions to be given for further consideration on merits.
Legal Topics
Adoption, Placement Orders, Foster Care, Statutory Interpretation
Family Law Child Law Adoption Placement Orders Foster Care Statutory Interpretation

Case Brief

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Parties

Mr and Mrs X

Applicants / Prospective Adopters

Lancashire County Council

Local Authority / Respondent

Procedural Posture

Adoption Application / Determination of Validity of Adoption Application and Directions for Further Proceedings

Legal Issues

  1. 1 Whether the adoption application by Mr and Mrs X was made in accordance with statutory requirements under the Adoption and Children Act 2002
  2. 2 When a child is considered 'placed for adoption' under the statutory scheme
  3. 3 Whether the statutory 'home' requirement was satisfied

Ratio Decidendi

The adoption application was valid because B had his home with Mr and Mrs X for the required period, and the statutory requirements under the Adoption and Children Act 2002 were satisfied. The date of 'placement for adoption' is determined by the ADM's approval following the matching process, not by the child's physical movement.

Court Disposition

Application valid; directions to be given for further consideration on merits.

Orders

  • The adoption application by Mr and Mrs X is permitted to proceed.
  • The court will issue directions for the further conduct of the case.