T (A Child) (Adoption Hearing: Involvement of Applicants), Re

T (A Child) (Adoption Hearing: Involvement of Applicants), Re

The Family Procedure Rules confer on adoption applicants the right to notice of and attendance at hearings of their application. The court has no general power to prohibit their attendance, and any direction that they 'need not attend' is permissive, not prohibitive. The refusal to allow attendance and to provide a transcript, absent good reason, was unlawful. The appeal is allowed on all grounds.

Parties
Appellants / Prospective Adopters: Mr and Mrs A; First Respondent / Birth Parent: Mother; Second Respondent / Birth Parent: Father; Third Respondent / Local Authority: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Civil Appeal (family/adoption) / Appeal From Truro Family Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Adoption Proceedings, Party Attendance Rights, Court Procedure, Confidentiality in Adoption, Transcripts of Hearings
Family Law Adoption Law Adoption Proceedings Party Attendance Rights Court Procedure Confidentiality in Adoption Transcripts of Hearings

Case Brief

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Parties

Mr and Mrs A

Appellants / Prospective Adopters

Mother

First Respondent / Birth Parent

Father

Second Respondent / Birth Parent

Cornwall Council

Third Respondent / Local Authority

Procedural Posture

Civil Appeal (family/adoption) / Appeal From Truro Family Court to Court of Appeal

Legal Issues

  1. 1 Whether the court erred in refusing the adoption applicants permission to attend the hearing of their application
  2. 2 Whether the court erred in refusing to provide the applicants with a transcript of the hearing
  3. 3 Whether the Family Procedure Rules permit the court to prohibit applicants from attending their own adoption hearing

Ratio Decidendi

The Family Procedure Rules confer on adoption applicants the right to notice of and attendance at hearings of their application. The court has no general power to prohibit their attendance, and any direction that they 'need not attend' is permissive, not prohibitive. The refusal to allow attendance and to provide a transcript, absent good reason, was unlawful. The appeal is allowed on all grounds.

Court Disposition

Appeal allowed

Orders

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