S (A Child)

S (A Child)

The appeal was allowed because the hearing below was procedurally unfair: the judge lacked the baseline findings from the placement order judgment to assess change in circumstances, and the mother was denied the opportunity to see and challenge the Annex A report, which the judge heavily relied upon. These deficiencies undermined the integrity of the process and the fairness owed to the mother.

Parties
Appellant (mother): ES; Respondent (local Authority): Hull City Council
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Appeal (family/adoption) / Appeal From Refusal of Leave to Oppose Adoption Order
Outcome
Appeal allowed
Legal Topics
Leave to Oppose Adoption Order, Procedural Fairness, Disclosure of Confidential Reports, Change in Circumstances Test, Welfare of the Child
Family Law Child Law Adoption Law Leave to Oppose Adoption Order Procedural Fairness Disclosure of Confidential Reports Change in Circumstances Test Welfare of the Child

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Parties

ES

Appellant (mother)

Hull City Council

Respondent (local Authority)

Procedural Posture

Appeal (family/adoption) / Appeal From Refusal of Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether the mother was afforded due process in the hearing of her application for leave to oppose the adoption order
  2. 2 Whether the absence of a transcript of the placement order judgment and non-disclosure of the Annex A report rendered the hearing unfair

Ratio Decidendi

The appeal was allowed because the hearing below was procedurally unfair: the judge lacked the baseline findings from the placement order judgment to assess change in circumstances, and the mother was denied the opportunity to see and challenge the Annex A report, which the judge heavily relied upon. These deficiencies undermined the integrity of the process and the fairness owed to the mother.

Court Disposition

Appeal allowed

Orders

  • Order of HHJ Jack refusing leave to oppose adoption set aside
  • Case remitted for rehearing of the mother's application for leave to oppose the adoption order