W, R (on the application of) v A Local Authority

W, R (on the application of) v A Local Authority

J was placed for adoption on 17th August 2009 when all legal formalities were completed and the Introductions process began; therefore, the Claimant's application to revoke the Placement Order was too late, and the Defendant's actions were lawful and not irrational or abusive.

Parties
Claimant: W; Defendant: A Local Authority
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for Judicial Review dismissed.
Legal Topics
Adoption, Placement Orders, Judicial Review, Revocation of Placement Orders
Family Law Administrative Law Adoption Placement Orders Judicial Review Revocation of Placement Orders

Case Brief

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Parties

W

Claimant

A Local Authority

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 When was J placed for adoption?
  2. 2 Was the decision to allow J to take up residence with the prospective adopters on 24th August lawful?
  3. 3 Should the Court exercise its discretion to quash the decision if it was unlawful?

Ratio Decidendi

J was placed for adoption on 17th August 2009 when all legal formalities were completed and the Introductions process began; therefore, the Claimant's application to revoke the Placement Order was too late, and the Defendant's actions were lawful and not irrational or abusive.

Court Disposition

Application for Judicial Review dismissed.