Frank, Re [2023] EWFC 239 (B) (17 October 2023)

Frank, Re [2023] EWFC 239 (B) (17 October 2023)

There has not been a material change of circumstances in Linda's ability to protect Frank from the risks posed by his mother and wider family since the placement order; even if there were, such changes are not of sufficient nature and degree to justify granting leave to oppose the adoption order. Frank's welfare throughout his life demands finality, permanence, and stability, which would be undermined by further delay or reassessment.

Citation
[2023] EWFC 239 (B)
Parties
Applicants: Prospective Adoptors; First Respondent: Helen; Second Respondent: Simon; Third Respondent: London Borough of Haringey; Fourth Respondent: Frank (By his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
17 October 2023
Procedural Posture
Adoption Application / Application for Leave to Oppose Adoption Order
Outcome
Application for leave to oppose adoption order dismissed
Legal Topics
Adoption, Leave to Oppose Adoption, Welfare of the Child, Change of Circumstances, Special Guardianship
Family Law Child Law Adoption Leave to Oppose Adoption Welfare of the Child Change of Circumstances Special Guardianship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Prospective Adoptors

Applicants

Helen

First Respondent

Simon

Second Respondent

London Borough of Haringey

Third Respondent

Frank (By his Children's Guardian)

Fourth Respondent

Procedural Posture

Adoption Application / Application for Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether there has been a material change of circumstances since the placement order sufficient to grant leave to oppose the adoption order
  2. 2 Whether it is in the child's welfare to grant leave to oppose the adoption order

Ratio Decidendi

There has not been a material change of circumstances in Linda's ability to protect Frank from the risks posed by his mother and wider family since the placement order; even if there were, such changes are not of sufficient nature and degree to justify granting leave to oppose the adoption order. Frank's welfare throughout his life demands finality, permanence, and stability, which would be undermined by further delay or reassessment.

Court Disposition

Application for leave to oppose adoption order dismissed

Orders

  • Application for leave to oppose adoption order is dismissed on the merits; matter to be listed for adoption final hearing after 21 days