T, Re (Adoption Hearing: Involvement of Applicants) [2024] EWCA Civ 189 (23 February 2024)

T, Re (Adoption Hearing: Involvement of Applicants) [2024] EWCA Civ 189 (23 February 2024)

The court erred in prohibiting adoption applicants from attending hearings and in refusing a transcript without good reason; applicants have statutory rights to notice, attendance, and transcripts, and guidance or practice cannot override these rights.

Citation
[2024] EWCA Civ 189
Parties
Appellants: Mr and Mrs A; First Respondent: Mother; Second Respondent: Father; Third Respondent: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
23 February 2024
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Adoption Proceedings, Applicant Attendance, Transcript Provision, Case Management
Family Law Adoption Proceedings Applicant Attendance Transcript Provision Case Management

Case Brief

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Parties

Mr and Mrs A

Appellants

Mother

First Respondent

Father

Second Respondent

Cornwall Council

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether adoption applicants have a right to attend hearings of their application
  2. 2 Whether adoption applicants are entitled to transcripts of hearings
  3. 3 Whether the court can prohibit applicants from attending adoption hearings

Ratio Decidendi

The court erred in prohibiting adoption applicants from attending hearings and in refusing a transcript without good reason; applicants have statutory rights to notice, attendance, and transcripts, and guidance or practice cannot override these rights.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; no further orders required as final adoption order has been made