B v Birmingham City Council & Ors

B v Birmingham City Council & Ors

A placement for adoption abroad by a local authority without prior court sanction is a breach of s56 Adoption Act 1976, but such a placement is nonetheless effective for the purposes of s20(1)(b); therefore, the parents' application to revoke the freeing orders fails.

Parties
Applicant/appellant: Samantha B; 1st Respondent: Birmingham City Council; 2nd Respondent: Jason B; 3rd/4th Respondent: B (Children); 5th Respondent: Mr & Mrs A
Jurisdiction
England and Wales
Judgment Date
28 April 2004
Procedural Posture
Appeal (family Law Adoption) / Permission to Appeal With Appeal Heard If Granted
Outcome
Appeal dismissed
Legal Topics
Freeing Orders, Placement for Adoption Abroad, Parental Responsibility, Unlawful Placement, Statutory Interpretation
Family Law Adoption Law Child Protection Freeing Orders Placement for Adoption Abroad Parental Responsibility Unlawful Placement Statutory Interpretation

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Parties

Samantha B

Applicant/appellant

Birmingham City Council

1st Respondent

Jason B

2nd Respondent

B (Children)

3rd/4th Respondent

Mr & Mrs A

5th Respondent

Procedural Posture

Appeal (family Law Adoption) / Permission to Appeal With Appeal Heard If Granted

Legal Issues

  1. 1 Whether the placement of children abroad for adoption without court sanction was unlawful under s56 Adoption Act 1976
  2. 2 Whether an unlawful placement prevents the operation of s20(1)(b) Adoption Act 1976 (revocation of freeing order)

Ratio Decidendi

A placement for adoption abroad by a local authority without prior court sanction is a breach of s56 Adoption Act 1976, but such a placement is nonetheless effective for the purposes of s20(1)(b); therefore, the parents' application to revoke the freeing orders fails.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; freeing orders not revoked in respect of C and T