P-J (A Girl), Re

P-J (A Girl), Re

There has been sufficient change in circumstances as claimed and currently demonstrated by the parents to satisfy section 24 of the Adoption and Children Act 2002. Although there are concerns about the parents' attitudes and realism, the test is whether there is a real prospect of success, not whether the application is likely to succeed. The parents have raised a sufficient case of change to justify a full and substantive hearing.

Parties
Applicant Mother: TM; Applicant Father: GH; First Respondent: London Borough of Tower Hamlets; Second Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
29 January 2018
Procedural Posture
Family Law Adoption / Application for Leave to Apply to Revoke Placement Order
Outcome
Leave to apply to revoke the placement order granted
Legal Topics
Revocation of Placement Order, Change in Circumstances, Leave to Apply, Child Welfare
Family Law Adoption Revocation of Placement Order Change in Circumstances Leave to Apply Child Welfare

Case Brief

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Parties

TM

Applicant Mother

GH

Applicant Father

London Borough of Tower Hamlets

First Respondent

Children’s Guardian

Second Respondent

Procedural Posture

Family Law Adoption / Application for Leave to Apply to Revoke Placement Order

Legal Issues

  1. 1 Whether there has been a sufficient change in circumstances since the placement order was made to justify granting leave to apply to revoke the order
  2. 2 Whether the proposed application to revoke the placement order has a real prospect of success

Ratio Decidendi

There has been sufficient change in circumstances as claimed and currently demonstrated by the parents to satisfy section 24 of the Adoption and Children Act 2002. Although there are concerns about the parents' attitudes and realism, the test is whether there is a real prospect of success, not whether the application is likely to succeed. The parents have raised a sufficient case of change to justify a full and substantive hearing.

Court Disposition

Leave to apply to revoke the placement order granted

Orders

  • Application for leave to apply to revoke the placement order in relation to P-J is granted and will proceed to a full substantive hearing before a different judge.
  • Directions to be agreed by counsel for instructing a suitable psychologist and independent social worker for assessment.