Webster (The Parents) v Norfolk County Council & Ors (Rev 1)

Webster (The Parents) v Norfolk County Council & Ors (Rev 1)

The Court of Appeal has no jurisdiction to set aside validly made adoption orders except in cases of procedural irregularity, fraud, or denial of natural justice. The applicants' fresh evidence does not meet the Ladd v Marshall test as it could have been obtained with reasonable diligence at the time of trial. Even if a miscarriage of justice occurred, the finality of adoption orders and the best interests of the now-adopted children preclude reopening the proceedings. There is no breach of ECHR Articles 6 or 8 that would justify setting aside the orders.

Parties
Applicant/parent: Nicola Webster; Applicant/parent: Mark Webster; 1st Respondent: Norfolk County Council; 2nd, 3rd & 4th Respondents: The Children by their Children’s Guardian; Interested Party: Adoptive Parents of A, B and C
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Appeal (family Law Children) / Application for Permission to Appeal Out of Time and to Adduce Fresh Evidence
Outcome
Applications refused; permission to appeal and to adduce fresh evidence denied.
Legal Topics
Setting Aside Adoption Orders, Fresh Evidence on Appeal, Finality of Adoption, Procedural Fairness, Article 8 ECHR (family Life), Article 6 ECHR (fair Trial)
Family Law Child Protection Adoption Law Human Rights Setting Aside Adoption Orders Fresh Evidence on Appeal Finality of Adoption Procedural Fairness +2 more

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Parties

Nicola Webster

Applicant/parent

Mark Webster

Applicant/parent

Norfolk County Council

1st Respondent

The Children by their Children’s Guardian

2nd, 3rd & 4th Respondents

Adoptive Parents of A, B and C

Interested Party

Procedural Posture

Appeal (family Law Children) / Application for Permission to Appeal Out of Time and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the Court of Appeal can set aside adoption orders on the basis of fresh evidence obtained years after the orders were made
  2. 2 Whether there was a miscarriage of justice in the original findings of non-accidental injury
  3. 3 Whether the requirements for admitting fresh evidence on appeal are met (Ladd v Marshall)

Ratio Decidendi

The Court of Appeal has no jurisdiction to set aside validly made adoption orders except in cases of procedural irregularity, fraud, or denial of natural justice. The applicants' fresh evidence does not meet the Ladd v Marshall test as it could have been obtained with reasonable diligence at the time of trial. Even if a miscarriage of justice occurred, the finality of adoption orders and the best interests of the now-adopted children preclude reopening the proceedings. There is no breach of ECHR Articles 6 or 8 that would justify setting aside the orders.

Court Disposition

Applications refused; permission to appeal and to adduce fresh evidence denied.

Orders

  • Applications for permission to appeal out of time refused.
  • Applications to adduce fresh evidence refused.