G (A Child) [2014] EWCA Civ 432 (08 April 2014)

G (A Child) [2014] EWCA Civ 432 (08 April 2014)

A non-relative former carer who is neither parent nor guardian cannot be granted leave to oppose an adoption order under ACA 2002 s 47, nor can she be joined as a party to adoption proceedings in the absence of a legitimate substantive application. The statutory scheme does not provide for her participation, and her application for leave to apply for a residence order under s 29(4) fails on the merits due to lack of sufficient change in circumstances and no realistic prospect of success.

Citation
[2014] EWCA Civ 432
Parties
Appellant: AR; First Respondent: City and Council of Swansea; Second Respondent: Children's Guardian; Third Respondent: Mother of G
Jurisdiction
England and Wales
Judgment Date
08 April 2014
Procedural Posture
Appeal / Judgment on Appeal From Refusal to Allow Non Relative Carer to Oppose Adoption or Be Joined as Party
Outcome
Appeal dismissed
Legal Topics
Adoption Proceedings, Leave to Oppose Adoption, Joinder of Parties, Residence Orders, Non Parental Applicants
Family Law Adoption Law Adoption Proceedings Leave to Oppose Adoption Joinder of Parties Residence Orders Non Parental Applicants

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Parties

AR

Appellant

City and Council of Swansea

First Respondent

Children's Guardian

Second Respondent

Mother of G

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Refusal to Allow Non Relative Carer to Oppose Adoption or Be Joined as Party

Legal Issues

  1. 1 Whether a non-relative former carer (AR) can be granted leave to oppose an adoption order or be joined as a party to adoption proceedings under the Adoption and Children Act 2002 and Family Procedure Rules 2010.

Ratio Decidendi

A non-relative former carer who is neither parent nor guardian cannot be granted leave to oppose an adoption order under ACA 2002 s 47, nor can she be joined as a party to adoption proceedings in the absence of a legitimate substantive application. The statutory scheme does not provide for her participation, and her application for leave to apply for a residence order under s 29(4) fails on the merits due to lack of sufficient change in circumstances and no realistic prospect of success.

Court Disposition

Appeal dismissed

Orders

  • Refusal of leave to apply for a residence order under ACA 2002 s 29(4)
  • Refusal to join AR as a party to the adoption proceedings