P (A Child), Re [2008] EWCA Civ 1607 (22 October 2008)

P (A Child), Re [2008] EWCA Civ 1607 (22 October 2008)

The court held that there was no material change in circumstances sufficient to justify granting leave to apply to revoke the placement order. Even if there had been such a change, the welfare of the child and the lack of any real prospect of success meant that leave should not be granted. The judge's exercise of discretion was upheld, and there was no breach of Article 6 ECHR rights.

Citation
[2008] EWCA Civ 1607
Parties
Applicant Mother: Miss P; Respondent Local Authority: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Family Law Child/adoption / Application for Permission to Appeal and Stay of Execution Following Refusal of Leave to Apply to Revoke Placement Order
Outcome
Application for permission to appeal refused
Legal Topics
Revocation of Placement Order, Change of Circumstances, Parental Capacity, Child Welfare, Article 6 ECHR Fair Trial, Delay in Adoption Proceedings
Family Law Child Law Adoption Law Revocation of Placement Order Change of Circumstances Parental Capacity Child Welfare Article 6 ECHR Fair Trial +1 more

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Parties

Miss P

Applicant Mother

Nottingham City Council

Respondent Local Authority

Procedural Posture

Family Law Child/adoption / Application for Permission to Appeal and Stay of Execution Following Refusal of Leave to Apply to Revoke Placement Order

Legal Issues

  1. 1 Whether there was a material change in circumstances justifying leave to apply to revoke a placement order under section 24 of the Adoption and Children Act 2002
  2. 2 Whether the mother's Article 6 ECHR rights were breached
  3. 3 Whether the mother's capacity to conduct proceedings or parent the child had changed

Ratio Decidendi

The court held that there was no material change in circumstances sufficient to justify granting leave to apply to revoke the placement order. Even if there had been such a change, the welfare of the child and the lack of any real prospect of success meant that leave should not be granted. The judge's exercise of discretion was upheld, and there was no breach of Article 6 ECHR rights.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • No order as to costs