Osborne & Anor v Cambrigeshire County Council [2022] EWHC 1982 (Admin) (25 July 2022)

Osborne & Anor v Cambrigeshire County Council [2022] EWHC 1982 (Admin) (25 July 2022)

Ms Osborne was and is the legal parent of C as a matter of fact and law; the Registrar's refusal to register her as parent was a fundamental error of law, leading to an unnecessary and irregular adoption order. The adoption order was a legal aberration and must be revoked. Judicial review is granted to quash the Registrar's decision and enable a fresh, correct registration. Relief is necessary to restore the family to the position they should have been in but for the unlawful decision.

Citation
[2022] EWHC 1982 (Admin)
Parties
Applicant/claimant: Sarah Osborne; Respondent/claimant: Helen Arnold; First Intervener/defendant: Cambridgeshire County Council; Second Intervener/interested Party: The Registrar General
Jurisdiction
England and Wales
Judgment Date
25 July 2022
Procedural Posture
Family and Administrative Court Proceedings (declaration of Parentage, Revocation of Adoption, Judicial Review) / Final Hearing and Judgment
Outcome
Declaration of parentage granted; adoption order revoked; judicial review granted; Registrar's decision quashed; costs ordered against Cambridgeshire County Council.
Legal Topics
Declaration of Parentage, Revocation of Adoption Order, Birth Registration, Human Fertilisation and Embryology, Judicial Review of Registrar's Decision, Costs
Family Law Administrative Law Judicial Review Declaration of Parentage Revocation of Adoption Order Birth Registration Human Fertilisation and Embryology Judicial Review of Registrar's Decision +1 more

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Parties

Sarah Osborne

Applicant/claimant

Helen Arnold

Respondent/claimant

Cambridgeshire County Council

First Intervener/defendant

The Registrar General

Second Intervener/interested Party

Procedural Posture

Family and Administrative Court Proceedings (declaration of Parentage, Revocation of Adoption, Judicial Review) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a declaration of parentage should be made in favour of Ms Osborne under s.55A Family Law Act 1986
  2. 2 Whether the adoption order made in 2015 should be revoked under the inherent jurisdiction of the High Court
  3. 3 Whether the Registrar's refusal to register Ms Osborne as parent was unlawful and should be quashed by judicial review

Ratio Decidendi

Ms Osborne was and is the legal parent of C as a matter of fact and law; the Registrar's refusal to register her as parent was a fundamental error of law, leading to an unnecessary and irregular adoption order. The adoption order was a legal aberration and must be revoked. Judicial review is granted to quash the Registrar's decision and enable a fresh, correct registration. Relief is necessary to restore the family to the position they should have been in but for the unlawful decision.

Court Disposition

Declaration of parentage granted; adoption order revoked; judicial review granted; Registrar's decision quashed; costs ordered against Cambridgeshire County Council.

Orders

  • Declaration of parentage in favour of Ms Osborne under s.55A Family Law Act 1986
  • Revocation of adoption order made in respect of C by the Family Court sitting at Ipswich on 3 November 2015