K, Re (Revocation or Adoption: A Declaratory Judgment) [2023] EWFC 267 (B) (29 September 2023)

K, Re (Revocation or Adoption: A Declaratory Judgment) [2023] EWFC 267 (B) (29 September 2023)

K was not lawfully placed for adoption with F and C because the mandatory procedural requirements under the Adoption Agencies Regulations 2005, including panel approval and matching, were not complied with. Therefore, the statutory bar in s.24(2)(b) of the Adoption and Children Act 2002 does not apply, and M's application for leave to revoke the placement order may proceed. The Local Authority cannot circumvent statutory requirements by delegating responsibilities to a third party or by relying on F and C's status as foster carers.

Citation
[2023] EWFC 267 (B)
Parties
Applicant: A Mother; First Respondent: A Father; Second Respondent: A Local Authority; Third Respondent: A Child (Through her Children’s Guardian); Interested Parties: F and C
Jurisdiction
England and Wales
Judgment Date
29 September 2023
Procedural Posture
Family Law Children (adoption/placement) / Declaratory Judgment on Status of Placement and Procedural Eligibility for Applications
Outcome
Declaratory judgment: K has not been lawfully placed for adoption with F and C; M's application for leave to revoke the placement order may proceed; F and C's adoption application is not procedurally barred but must be considered in light of K's status.
Legal Topics
Adoption, Placement Orders, Revocation of Placement Orders, Procedural Requirements for Adoption, Leave to Apply, Statutory Interpretation
Family Law Child Law Adoption Placement Orders Revocation of Placement Orders Procedural Requirements for Adoption Leave to Apply Statutory Interpretation

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Parties

A Mother

Applicant

A Father

First Respondent

A Local Authority

Second Respondent

A Child (Through her Children’s Guardian)

Third Respondent

F and C

Interested Parties

Procedural Posture

Family Law Children (adoption/placement) / Declaratory Judgment on Status of Placement and Procedural Eligibility for Applications

Legal Issues

  1. 1 Whether the child K was lawfully 'placed for adoption' with F and C under the Adoption and Children Act 2002 and associated Regulations
  2. 2 Whether the mother (M) is procedurally barred from applying to revoke the placement order under s.24(2)(b) of the Act
  3. 3 Whether F and C's application for adoption is procedurally valid absent a formal placement

Ratio Decidendi

K was not lawfully placed for adoption with F and C because the mandatory procedural requirements under the Adoption Agencies Regulations 2005, including panel approval and matching, were not complied with. Therefore, the statutory bar in s.24(2)(b) of the Adoption and Children Act 2002 does not apply, and M's application for leave to revoke the placement order may proceed. The Local Authority cannot circumvent statutory requirements by delegating responsibilities to a third party or by relying on F and C's status as foster carers.

Court Disposition

Declaratory judgment: K has not been lawfully placed for adoption with F and C; M's application for leave to revoke the placement order may proceed; F and C's adoption application is not procedurally barred but must be considered in light of K's status.

Orders

  • Declaration that K has not been placed for adoption with F and C within the meaning of the Adoption and Children Act 2002 and the Adoption Agencies Regulations 2005.
  • Permission for M to pursue her application for leave to revoke the placement order.