W (A Child)

The appeal was allowed because the judge below erred by conflating the issues of setting aside the adoption order and granting leave to oppose, and by conducting the balancing exercise in a manner that overvalued speculative future consequences and undervalued current imperatives for adoption. The procedural error warranted setting aside the adoption order, but the mother’s application for leave to oppose lacked sufficient merit and prospects of success to justify granting permission.

Parties: Subject: Josiah (a Child); Appellant: Adopters; First Respondent: London Borough of Lambeth; Second Respondent: Mother
Jurisdiction: England and Wales
Judgment Date: 24 November 2010
Procedural Posture: Adoption Appeal / Court of Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Adoption, Revocation of Adoption Order, Parental Rights, Procedural Fairness

Family Law Child Law Adoption Revocation of Adoption Order Parental Rights Procedural Fairness

Case Brief

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Parties

Josiah (a Child)

Subject

Adopters

Appellant

London Borough of Lambeth

First Respondent

Mother

Second Respondent

Procedural Posture

Adoption Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the adoption order should be set aside due to procedural error
2 Whether the mother should be granted leave to oppose the adoption order

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Permission granted by Holman J to oppose the adoption order is set aside
Order of the senior District Judge of 4 October is set aside in its entirety