S (A Child) [2021] EWCA Civ 605 (30 April 2021)

S (A Child) [2021] EWCA Civ 605 (30 April 2021)

The appeal was allowed because the hearing below was procedurally unfair: the judge lacked the Placement Order judgment transcript necessary to assess change in circumstances, and the mother was denied access to the Annex A report which the judge relied upon, depriving her of the opportunity to challenge its contents. This procedural deficiency undermined the integrity of the decision.

Citation
[2021] EWCA Civ 605
Parties
Appellant (mother): ES; Respondent (local Authority): Hull City Council
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Family Law Appeal / Appeal From Family Court Decision Refusing Leave to Oppose Adoption Order
Outcome
Appeal allowed
Legal Topics
Adoption, Leave to Oppose Adoption Order, Procedural Fairness, Disclosure of Documents
Family Law Child Law Adoption Leave to Oppose Adoption Order Procedural Fairness Disclosure of Documents

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Parties

ES

Appellant (mother)

Hull City Council

Respondent (local Authority)

Procedural Posture

Family Law Appeal / Appeal From Family Court Decision Refusing Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether the mother was afforded due process in her application for leave to oppose an adoption order under s.47 of the Adoption and Children Act 2002
  2. 2 Whether the absence of a transcript of the Placement Order judgment and non-disclosure of the Annex A report rendered the hearing unfair

Ratio Decidendi

The appeal was allowed because the hearing below was procedurally unfair: the judge lacked the Placement Order judgment transcript necessary to assess change in circumstances, and the mother was denied access to the Annex A report which the judge relied upon, depriving her of the opportunity to challenge its contents. This procedural deficiency undermined the integrity of the decision.

Court Disposition

Appeal allowed

Orders

  • Order of 19 November 2020 refusing leave to oppose adoption set aside
  • Case remitted for rehearing of the mother's application for leave to oppose the adoption order