P (A Child), Re

P (A Child), Re

The mother failed to demonstrate a material change in circumstances sufficient to justify granting leave to apply to revoke the placement order. Even if such change were established, there was no real prospect of success given the evidence regarding her inability to meet the child's complex needs. The welfare of the child and the need to avoid delay outweighed the mother's arguments. There was no breach of Article 6 ECHR.

Parties
Applicant/mother: Miss P; Respondent Local Authority: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Civil (family/adoption) / Application for Permission to Appeal (leave to Appeal) and Stay of Execution
Outcome
Application for permission to appeal refused
Legal Topics
Revocation of Placement Order, Leave to Apply Under Adoption and Children Act 2002, Capacity to Conduct Proceedings, Change of Circumstances, Child Welfare, Article 6 ECHR
Family Law Child Law Adoption Law Revocation of Placement Order Leave to Apply Under Adoption and Children Act 2002 Capacity to Conduct Proceedings Change of Circumstances Child Welfare +1 more

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Parties

Miss P

Applicant/mother

Nottingham City Council

Respondent Local Authority

Procedural Posture

Civil (family/adoption) / Application for Permission to Appeal (leave to Appeal) and Stay of Execution

Legal Issues

  1. 1 Whether the mother demonstrated sufficient change of circumstances to justify leave to apply to revoke the placement order under section 24 of the Adoption and Children Act 2002
  2. 2 Whether the mother's capacity to conduct proceedings was properly considered
  3. 3 Whether the refusal of leave breached the mother's Article 6 ECHR rights

Ratio Decidendi

The mother failed to demonstrate a material change in circumstances sufficient to justify granting leave to apply to revoke the placement order. Even if such change were established, there was no real prospect of success given the evidence regarding her inability to meet the child's complex needs. The welfare of the child and the need to avoid delay outweighed the mother's arguments. There was no breach of Article 6 ECHR.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Application for stay of execution refused