In the matter of L (Children)

In the matter of L (Children)

The mother failed to demonstrate a sufficient change of circumstances as she had not completed the recommended therapeutic interventions central to her capacity to meet her children's needs. The judge was entitled to focus on the lack of engagement with CBT and other therapies as the primary benchmark for change. The evidence did not support the mother's assertion that further therapy was unnecessary. The judge applied the correct legal test and was entitled to refuse permission to oppose the adoption orders.

Parties
Applicant/appellant: Mother of NL and TL; Respondent: Bedford Borough Council; Respondents/children: Children (NL and TL)
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Family Law – Adoption – Appeal / Application for Permission to Appeal (refusal of Permission to Oppose Adoption Orders)
Outcome
Permission to appeal refused
Legal Topics
Adoption, Leave to Oppose Adoption, Change of Circumstances, Parental Rights, Children's Welfare
Family Law Adoption Leave to Oppose Adoption Change of Circumstances Parental Rights Children's Welfare

Case Brief

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Parties

Mother of NL and TL

Applicant/appellant

Bedford Borough Council

Respondent

Children (NL and TL)

Respondents/children

Procedural Posture

Family Law – Adoption – Appeal / Application for Permission to Appeal (refusal of Permission to Oppose Adoption Orders)

Legal Issues

  1. 1 Whether the mother demonstrated a sufficient change of circumstances to justify leave to oppose adoption orders under s 47(5) Adoption and Children Act 2002
  2. 2 Whether the judge applied the correct legal test in considering the application for leave to oppose adoption
  3. 3 Whether the evidence before the judge was sufficient and properly evaluated

Ratio Decidendi

The mother failed to demonstrate a sufficient change of circumstances as she had not completed the recommended therapeutic interventions central to her capacity to meet her children's needs. The judge was entitled to focus on the lack of engagement with CBT and other therapies as the primary benchmark for change. The evidence did not support the mother's assertion that further therapy was unnecessary. The judge applied the correct legal test and was entitled to refuse permission to oppose the adoption orders.

Court Disposition

Permission to appeal refused

Orders

  • Mother's application for permission to appeal is dismissed