A v A Local Authority & Ors

A v A Local Authority & Ors

The court found a significant change of circumstances in the discovery of the paternal family’s willingness and ability to care for L. Applying the statutory test and relevant case law, the court concluded that L’s welfare required granting leave to oppose the adoption application, as family placement options had not been properly explored during care proceedings.

Parties
Applicants: MR AND MRS A; Respondent: A LOCAL AUTHORITY; Respondent: PG; Respondent: AB; Respondent: LG (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
22 June 2015
Procedural Posture
Family Adoption Proceedings / Judgment on Leave to Oppose Adoption Application
Outcome
Leave granted to the father to oppose the adoption application; adoption application withdrawn; child placed with paternal grandfather.
Legal Topics
Adoption, Leave to Oppose Adoption, Special Guardianship, Child Welfare, Change of Circumstances
Family Law Child Law Adoption Leave to Oppose Adoption Special Guardianship Child Welfare Change of Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

MR AND MRS A

Applicants

A LOCAL AUTHORITY

Respondent

PG

Respondent

AB

Respondent

LG (by her children’s guardian)

Respondent

Procedural Posture

Family Adoption Proceedings / Judgment on Leave to Oppose Adoption Application

Legal Issues

  1. 1 Whether the father should be granted leave to oppose the adoption application under s.47(5) of the Adoption and Children Act 2002
  2. 2 Whether there has been a sufficient change of circumstances since the placement order
  3. 3 Whether the child's welfare requires granting leave to oppose adoption

Ratio Decidendi

The court found a significant change of circumstances in the discovery of the paternal family’s willingness and ability to care for L. Applying the statutory test and relevant case law, the court concluded that L’s welfare required granting leave to oppose the adoption application, as family placement options had not been properly explored during care proceedings.

Court Disposition

Leave granted to the father to oppose the adoption application; adoption application withdrawn; child placed with paternal grandfather.

Orders

  • Leave granted to father under s.47(5) of the Adoption and Children Act 2002 to oppose adoption application.
  • Adoption application withdrawn by prospective adopters.