W (A Child: Leave To Oppose Adoption)

W (A Child: Leave To Oppose Adoption)

The judge's refusal to grant leave was premature and based on insufficient evidence regarding attachment and the impact of a further move; the professional disagreement required full consideration, including expert evidence, and the parents' opposition to adoption needed to be properly evaluated in light of significant positive changes.

Parties
Appellant Child: B (A Child); Respondent Local Authority: Manchester City Council; Respondent Father: Father of B; Respondent Mother: Mother of B
Jurisdiction
England and Wales
Judgment Date
21 January 2020
Procedural Posture
Family Law Appeal / Appeal From Refusal of Leave to Oppose Adoption Order
Outcome
Appeal allowed; judge's order refusing leave set aside.
Legal Topics
Leave to Oppose Adoption, Attachment Theory, Change in Circumstances, Welfare Paramountcy
Family Law Child Welfare Adoption Leave to Oppose Adoption Attachment Theory Change in Circumstances Welfare Paramountcy

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Parties

B (A Child)

Appellant Child

Manchester City Council

Respondent Local Authority

Father of B

Respondent Father

Mother of B

Respondent Mother

Procedural Posture

Family Law Appeal / Appeal From Refusal of Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether leave should be granted to parents to oppose adoption order under s.47(5) Adoption and Children Act 2002
  2. 2 Adequacy of evidence regarding attachment and impact of placement move
  3. 3 Solidity of parents' prospects in opposing adoption

Ratio Decidendi

The judge's refusal to grant leave was premature and based on insufficient evidence regarding attachment and the impact of a further move; the professional disagreement required full consideration, including expert evidence, and the parents' opposition to adoption needed to be properly evaluated in light of significant positive changes.

Court Disposition

Appeal allowed; judge's order refusing leave set aside.

Orders

  • Leave granted to parents to oppose adoption order.
  • Adoption application remitted for urgent case management hearing and gathering of necessary evidence.