Andrew v Beatrice & Ors [2023] EWFC 114 (B) (12 July 2023)

Andrew v Beatrice & Ors [2023] EWFC 114 (B) (12 July 2023)

The notice requirement in s.44(2) and (3) of the Adoption and Children Act 2002 is directory, not imperative. Non-compliance does not automatically bar the adoption application if no party is prejudiced and there is no bad faith.

Source-derived case information.

Citation
[2023] EWFC 114 (B)
Parties
Applicant: Andrew; First Respondent: Beatrice; Second Respondent: David; Third Respondent: Charlie
Jurisdiction
England and Wales
Judgment Date
12 July 2023
Procedural Posture
Adoption Application / Preliminary Issue Judgment on Compliance With Statutory Notice Requirements
Outcome
Application allowed to proceed to final hearing
Legal Topics
Adoption, Statutory Interpretation, Procedural Compliance, Human Rights
Family Law Adoption Statutory Interpretation Procedural Compliance Human Rights

Source-derived case record

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Parties

Andrew

Applicant

Beatrice

First Respondent

David

Second Respondent

Charlie

Third Respondent

Procedural Posture

Adoption Application / Preliminary Issue Judgment on Compliance With Statutory Notice Requirements

Legal Issues

  1. 1 Whether the notice requirement in s.44(2) and (3) of the Adoption and Children Act 2002 is imperative or directory
  2. 2 Whether non-compliance with the notice requirement invalidates the adoption application

Ratio Decidendi

The notice requirement in s.44(2) and (3) of the Adoption and Children Act 2002 is directory, not imperative. Non-compliance does not automatically bar the adoption application if no party is prejudiced and there is no bad faith.

Court Disposition

Application allowed to proceed to final hearing

Orders

  • The applicant's adoption application shall be determined at a final hearing on 17 October 2023 on its merits notwithstanding breach of the notice requirements in ss. 44(2) & (3) of the Adoption and Children Act 2002.