W (A Child: Leave To Oppose Adoption) [2020] EWCA Civ 16 (21 January 2020)

W (A Child: Leave To Oppose Adoption) [2020] EWCA Civ 16 (21 January 2020)

The judge's refusal to grant leave was premature and unsupported by adequate evidence regarding attachment and the impact of a further placement move. The professional disagreement required expert evidence, and the solidity of the parents' prospects could not be properly evaluated without it. The appeal was allowed, leave granted, and the adoption application remitted for urgent case management and gathering of necessary evidence.

Citation
[2020] EWCA Civ 16
Parties
Appellant Child: B (A Child); Appellant Guardian: Children's Guardian; Respondent Local Authority: Manchester City Council; Respondent Father: Father; Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
21 January 2020
Procedural Posture
Appeal From Family Court / Appeal Against Refusal of Leave to Oppose Adoption Order
Outcome
Appeal allowed; judge's order set aside; leave granted to parents to oppose adoption order.
Legal Topics
Adoption, Leave to Oppose Adoption, Child Welfare, Attachment, Parental Change
Family Law Child Law Adoption Leave to Oppose Adoption Child Welfare Attachment Parental Change

Case Brief

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Parties

B (A Child)

Appellant Child

Children's Guardian

Appellant Guardian

Manchester City Council

Respondent Local Authority

Father

Respondent Father

Mother

Respondent Mother

Procedural Posture

Appeal From Family Court / Appeal Against Refusal of Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether leave should be granted to parents to oppose the making of an adoption order under s.47(5) Adoption and Children Act 2002
  2. 2 Adequacy of evidence regarding attachment and impact of placement move
  3. 3 Solidity of parents' prospects in opposing adoption

Ratio Decidendi

The judge's refusal to grant leave was premature and unsupported by adequate evidence regarding attachment and the impact of a further placement move. The professional disagreement required expert evidence, and the solidity of the parents' prospects could not be properly evaluated without it. The appeal was allowed, leave granted, and the adoption application remitted for urgent case management and gathering of necessary evidence.

Court Disposition

Appeal allowed; judge's order set aside; leave granted to parents to oppose adoption order.

Orders

  • Leave granted to parents to oppose the making of an adoption order.
  • Adoption application remitted for urgent case management hearing before Designated Family Judge.