B (Children), Re [2008] EWCA Civ 695 (21 May 2008)

B (Children), Re [2008] EWCA Civ 695 (21 May 2008)

It was open to the judge to change his mind based on significant new evidence, including the new guardian's firm recommendation for adoption and the psychologist's ambivalence, and to dispense with the mother's consent as the welfare of the children required it.

Citation
[2008] EWCA Civ 695
Parties
Applicants: Unmarried parents; First Respondent: Salford City Council; Second and Third Respondents: C and S (children) by their Children's Guardian
Jurisdiction
England and Wales
Judgment Date
21 May 2008
Procedural Posture
Appeal / Permission to Appeal Against Care and Placement Orders
Outcome
Permission to appeal refused
Legal Topics
Care Orders, Placement Orders, Adoption, Dispensation of Parental Consent, Children's Welfare
Family Law Care Orders Placement Orders Adoption Dispensation of Parental Consent Children's Welfare

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Parties

Unmarried parents

Applicants

Salford City Council

First Respondent

C and S (children) by their Children's Guardian

Second and Third Respondents

Procedural Posture

Appeal / Permission to Appeal Against Care and Placement Orders

Legal Issues

  1. 1 Whether the judge was entitled to change his mind regarding placement for adoption versus long-term foster care
  2. 2 Whether sufficient new evidence justified reopening the issue
  3. 3 Whether the judge properly dispensed with parental consent for adoption

Ratio Decidendi

It was open to the judge to change his mind based on significant new evidence, including the new guardian's firm recommendation for adoption and the psychologist's ambivalence, and to dispense with the mother's consent as the welfare of the children required it.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal refused
  • Care orders and placement orders for adoption upheld