W (A Child)

W (A Child)

The Court of Appeal held that in both cases the judges at first instance failed to make clear findings on whether the parents' prospects of success had sufficient solidity or whether the child's welfare demanded refusal of leave. The judgments did not adequately engage with the two-stage test required by Re B-S. As a result, the appeals were allowed, the orders refusing leave to oppose and the adoption orders were set aside, and the matters remitted for reconsideration.

Parties
Subject Child: W (A Child); Subject Children: H (Children); Respondent Local Authority (re W): Borough of Poole; Respondent Local Authority (re H): Bristol City Council; Appellants: Parents (Re W); Appellants: Parents (Re H)
Jurisdiction
England and Wales
Judgment Date
16 October 2013
Procedural Posture
Appeal and Application for Permission to Appeal (family/adoption) / Appeal From County Court Decisions Refusing Parents Leave Under Section 47(5) Adoption and Children Act 2002 to Oppose Adoption Orders
Outcome
Appeals allowed; matters remitted for reconsideration.
Legal Topics
Leave to Oppose Adoption, Section 47(5) Adoption and Children Act 2002, Change of Circumstances, Child Welfare, Procedural Fairness
Family Law Adoption Law Leave to Oppose Adoption Section 47(5) Adoption and Children Act 2002 Change of Circumstances Child Welfare Procedural Fairness

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Parties

W (A Child)

Subject Child

H (Children)

Subject Children

Borough of Poole

Respondent Local Authority (re W)

Bristol City Council

Respondent Local Authority (re H)

Parents (Re W)

Appellants

Parents (Re H)

Appellants

Procedural Posture

Appeal and Application for Permission to Appeal (family/adoption) / Appeal From County Court Decisions Refusing Parents Leave Under Section 47(5) Adoption and Children Act 2002 to Oppose Adoption Orders

Legal Issues

  1. 1 Whether the judges at first instance applied the correct legal test in refusing leave to oppose adoption under section 47(5) Adoption and Children Act 2002
  2. 2 Whether there had been a relevant change of circumstances
  3. 3 Whether the parents' prospects of success had sufficient solidity to justify granting leave

Ratio Decidendi

The Court of Appeal held that in both cases the judges at first instance failed to make clear findings on whether the parents' prospects of success had sufficient solidity or whether the child's welfare demanded refusal of leave. The judgments did not adequately engage with the two-stage test required by Re B-S. As a result, the appeals were allowed, the orders refusing leave to oppose and the adoption orders were set aside, and the matters remitted for reconsideration.

Court Disposition

Appeals allowed; matters remitted for reconsideration.

Orders

  • Appeals allowed in both Re W and Re H.
  • Permission to appeal granted in Re H.