B v Birmingham City Council & Ors [2004] EWCA Civ 515 (28 April 2004)

B v Birmingham City Council & Ors [2004] EWCA Civ 515 (28 April 2004)

The placement of the children abroad for adoption by the local authority without court approval was unlawful under s56 Adoption Act 1976, but this did not entitle the parents to apply for revocation of the freeing orders under s20(1), as the statutory language does not require the placement to be lawful, only that the child has his home with a person with whom he has been placed for adoption.

Citation
[2004] EWCA Civ 515
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) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeals dismissed; all applications before the Court granted (including permission to appeal and extension of time).
Legal Topics
Freeing Orders for Adoption, Placement of Children Abroad, Parental Responsibility, Revocation of Freeing Orders, Statutory Interpretation, Jurisdictional Issues in Adoption
Family Law Child Law Adoption Law Freeing Orders for Adoption Placement of Children Abroad Parental Responsibility Revocation of Freeing Orders Statutory Interpretation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the placement of children abroad for adoption by a local authority without court approval was unlawful under s56 Adoption Act 1976
  2. 2 Whether such unlawful placement entitles the parents to apply for revocation of freeing orders under s20(1) Adoption Act 1976

Ratio Decidendi

The placement of the children abroad for adoption by the local authority without court approval was unlawful under s56 Adoption Act 1976, but this did not entitle the parents to apply for revocation of the freeing orders under s20(1), as the statutory language does not require the placement to be lawful, only that the child has his home with a person with whom he has been placed for adoption.

Court Disposition

Appeals dismissed; all applications before the Court granted (including permission to appeal and extension of time).

Orders

  • Permission to appeal granted to Mrs B and Mr B.
  • Extension of time granted to Mr B.