F (A Child) [2008] EWCA Civ 439 (01 May 2008)

F (A Child) [2008] EWCA Civ 439 (01 May 2008)

Section 24(5) of the Adoption and Children Act 2002 applies only to substantive applications for revocation of placement orders, not to applications for leave to apply for such revocation. The statutory language is clear and cannot be read to include applications for leave, even in light of the Human Rights Act 1998. The conduct of the local authority, while strongly criticised, did not render the placement unlawful under the statute as interpreted. The appeal is dismissed.

Citation
[2008] EWCA Civ 439
Parties
Father/appellant: M C; Local Authority/respondent: East Sussex County Council; Mother/respondent: Mother
Jurisdiction
England and Wales
Judgment Date
01 May 2008
Procedural Posture
Appeal (family Law Adoption) / Court of Appeal Judgment on Appeal From Brighton County Court
Outcome
Appeal dismissed
Legal Topics
Revocation of Placement Orders, Interpretation of Adoption and Children Act 2002 S24, Human Rights Act 1998 Compliance, Procedural Fairness in Adoption Proceedings
Family Law Adoption Law Human Rights Revocation of Placement Orders Interpretation of Adoption and Children Act 2002 S24 Human Rights Act 1998 Compliance Procedural Fairness in Adoption Proceedings

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Parties

M C

Father/appellant

East Sussex County Council

Local Authority/respondent

Mother

Mother/respondent

Procedural Posture

Appeal (family Law Adoption) / Court of Appeal Judgment on Appeal From Brighton County Court

Legal Issues

  1. 1 Whether s24(5) of the Adoption and Children Act 2002 protects applicants for leave to apply to revoke a placement order or only those who have already obtained leave and made a substantive application
  2. 2 Whether s24(5) is compatible with ECHR Articles 6 and 8 and the Human Rights Act 1998
  3. 3 Whether the conduct of the local authority in placing the child before the hearing of the father's application was lawful or an abuse of process

Ratio Decidendi

Section 24(5) of the Adoption and Children Act 2002 applies only to substantive applications for revocation of placement orders, not to applications for leave to apply for such revocation. The statutory language is clear and cannot be read to include applications for leave, even in light of the Human Rights Act 1998. The conduct of the local authority, while strongly criticised, did not render the placement unlawful under the statute as interpreted. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of Judge Coates upheld
  • No remedy granted to the father in this court