NS-H v Kingston Upon Hull City Council & Anor

NS-H v Kingston Upon Hull City Council & Anor

The judge erred in refusing leave to apply for revocation of the placement order. There had been a material change in circumstances: the plan for adoption was no longer being actively pursued, the child's condition had deteriorated, and there was professional disagreement about his care. The mother's application was not a contrivance but an appropriate means to bring the case back to court for urgent review. Leave should be granted to allow the court to examine the appropriateness of the placement order and the child's welfare.

Parties
Appellant (mother): NS-H; First Respondent (local Authority): Kingston Upon Hull City Council; Second Respondent (father): MC
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Appeal (family/child Protection) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed in part (leave to apply for revocation of placement order granted); other grounds not determined.
Legal Topics
Placement Orders, Revocation of Placement Orders, Care Orders, Inherent Jurisdiction, Wardship, Leave to Apply, Children's Welfare
Family Law Child Protection Adoption Placement Orders Revocation of Placement Orders Care Orders Inherent Jurisdiction Wardship +2 more

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Parties

NS-H

Appellant (mother)

Kingston Upon Hull City Council

First Respondent (local Authority)

MC

Second Respondent (father)

Procedural Posture

Appeal (family/child Protection) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the court should grant leave to the mother to apply for revocation of a placement order under s.24(2)(a) of the Adoption and Children Act 2002
  2. 2 Whether the High Court's inherent jurisdiction can be exercised to make the child a ward of court or direct further medical examinations while a placement order is in force

Ratio Decidendi

The judge erred in refusing leave to apply for revocation of the placement order. There had been a material change in circumstances: the plan for adoption was no longer being actively pursued, the child's condition had deteriorated, and there was professional disagreement about his care. The mother's application was not a contrivance but an appropriate means to bring the case back to court for urgent review. Leave should be granted to allow the court to examine the appropriateness of the placement order and the child's welfare.

Court Disposition

Appeal allowed in part (leave to apply for revocation of placement order granted); other grounds not determined.

Orders

  • Leave granted to the mother to apply for revocation of the placement order under s.24(2)(a) Adoption and Children Act 2002.
  • Directions hearing to be conducted for the application for revocation.