K (Revocation or Adoption: A Declaratory Judgment), Re

K (Revocation or Adoption: A Declaratory Judgment), Re

K had not been lawfully placed for adoption with F and C because the mandatory statutory and regulatory requirements for placement, including panel approval and written notification, had not been complied with. Therefore, M's application to revoke the placement order is not statute-barred, and she does not require leave to oppose the adoption application. Both applications may proceed, with M's permission application to be determined first.

Parties
Applicant: A Mother; 1st Respondent: A Father; 2nd Respondent: A Local Authority; 3rd Respondent: A Child (Through her Children’s Guardian); Interested Parties: F and C
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Declaratory Judgment on Status of Child Placement and Procedural Eligibility for Applications
Outcome
Declaratory judgment; directions for further proceedings
Legal Topics
Adoption, Placement Orders, Revocation of Placement Orders, Procedural Requirements for Adoption, Parental Rights
Family Law Child Law Adoption Placement Orders Revocation of Placement Orders Procedural Requirements for Adoption Parental Rights

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Parties

A Mother

Applicant

A Father

1st Respondent

A Local Authority

2nd Respondent

A Child (Through her Children’s Guardian)

3rd Respondent

F and C

Interested Parties

Procedural Posture

Family / Declaratory Judgment on Status of Child Placement and Procedural Eligibility for Applications

Legal Issues

  1. 1 Whether the child K had been lawfully placed for adoption with F and C under the Adoption and Children Act 2002 and associated regulations
  2. 2 Whether the mother (M) could pursue an application to revoke the placement order or oppose the adoption application without leave of the court
  3. 3 Whether the procedural requirements for placement and adoption applications had been met

Ratio Decidendi

K had not been lawfully placed for adoption with F and C because the mandatory statutory and regulatory requirements for placement, including panel approval and written notification, had not been complied with. Therefore, M's application to revoke the placement order is not statute-barred, and she does not require leave to oppose the adoption application. Both applications may proceed, with M's permission application to be determined first.

Court Disposition

Declaratory judgment; directions for further proceedings

Orders

  • Declaration that K has not been lawfully placed for adoption with F and C under the Adoption and Children Act 2002 and associated regulations
  • M's application for permission to revoke the placement order may proceed and is not statute-barred; to be determined before further steps in the adoption application