L (Children), Re [2017] EWCA Civ 2173 (20 December 2017)

L (Children), Re [2017] EWCA Civ 2173 (20 December 2017)

The mother had not demonstrated a sufficient change of circumstances since the placement orders, particularly in failing to complete the recommended therapeutic interventions (CBT, Freedom Project, couples therapy, support groups) central to addressing her emotional deficits and capacity to parent. The judge was...

Source-derived case information.

Citation
[2017] EWCA Civ 2173
Parties
Advocate for Mother: Maureen Obi-Ezekpazu; Applicant/appellant: Mother of NL and TL; Respondent/local Authority: Bedford Borough Council; Respondents: Children (NL and TL)
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Family Law Appeal / Permission to Appeal Hearing
Outcome
Permission to appeal refused
Legal Topics
Permission to Oppose Adoption, Change of Circumstances, Therapeutic Intervention, Children Act 1989, Adoption and Children Act 2002, European Convention on Human Rights
Family Law Child Protection Adoption Permission to Oppose Adoption Change of Circumstances Therapeutic Intervention Children Act 1989 Adoption and Children Act 2002 +1 more

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Summary, issues, holding and outcome

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Parties

Maureen Obi-Ezekpazu

Advocate for Mother

Mother of NL and TL

Applicant/appellant

Bedford Borough Council

Respondent/local Authority

Children (NL and TL)

Respondents

Procedural Posture

Family Law Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether there has been a change of circumstances sufficient to grant leave to oppose adoption under s 47(5) Adoption and Children Act 2002
  2. 2 Whether the judge erred in relying on evidence regarding therapeutic interventions and compliance with recommendations
  3. 3 Compatibility of s 47 Adoption and Children Act 2002 with ECHR

Ratio Decidendi

The mother had not demonstrated a sufficient change of circumstances since the placement orders, particularly in failing to complete the recommended therapeutic interventions (CBT, Freedom Project, couples therapy, support groups) central to addressing her emotional deficits and capacity to parent. The judge was entitled to rely on the evidence before her, including expert reports and testimony, and correctly applied the legal test under s 47(5) Adoption and Children Act 2002. The fresh evidence did not undermine the judge's findings. The appeal had no prospect of success and permission to appeal was refused.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal against order refusing leave to oppose adoption is refused
  • No further directions or orders granted