MJC (refusal of permission to oppose adoption) [2015] EWFC B75 (23 June 2015)

MJC (refusal of permission to oppose adoption) [2015] EWFC B75 (23 June 2015)

There has not been a change of circumstances of a nature and degree sufficient to reopen consideration of the adoption order. The parents' move to independent accommodation and the father's continued stability are managed only through increased supervision, and the core risks identified in the original proceedings remain. The parents and grandmother continue to lack insight into the risks posed by the father's mental health. Even if there had been a change, the parents have no realistic prospect of successfully opposing the adoption order, as the child's welfare requires permanence and safety, which only adoption can provide in this case.

Citation
[2015] EWFC B75
Parties
Mother: RW; Father: MC; Child: MJC; Local Authority: London Borough of Barking and Dagenham; Applicants for Adoption Order: Prospective adopters
Jurisdiction
England and Wales
Judgment Date
23 June 2015
Procedural Posture
Family/adoption / Application for Permission to Oppose Adoption Order
Outcome
Permission to oppose adoption order refused; permission to appeal refused.
Legal Topics
Adoption Order, Permission to Oppose Adoption, Change of Circumstances, Child Welfare, Mental Health and Parenting, Care and Placement Orders
Family Law Adoption Law Adoption Order Permission to Oppose Adoption Change of Circumstances Child Welfare Mental Health and Parenting Care and Placement Orders

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Parties

RW

Mother

MC

Father

MJC

Child

London Borough of Barking and Dagenham

Local Authority

Prospective adopters

Applicants for Adoption Order

Procedural Posture

Family/adoption / Application for Permission to Oppose Adoption Order

Legal Issues

  1. 1 Whether there has been a change of circumstances since the placement order sufficient to grant permission to oppose the adoption order under s.47(7) Adoption and Children Act 2002
  2. 2 Whether, if such change exists, leave to oppose should be granted considering the child's welfare throughout her life

Ratio Decidendi

There has not been a change of circumstances of a nature and degree sufficient to reopen consideration of the adoption order. The parents' move to independent accommodation and the father's continued stability are managed only through increased supervision, and the core risks identified in the original proceedings remain. The parents and grandmother continue to lack insight into the risks posed by the father's mental health. Even if there had been a change, the parents have no realistic prospect of successfully opposing the adoption order, as the child's welfare requires permanence and safety, which only adoption can provide in this case.

Court Disposition

Permission to oppose adoption order refused; permission to appeal refused.

Orders

  • Application for permission to oppose adoption order is dismissed.
  • Application for permission to appeal is refused.