CD v Blackburn with Darwen Borough Council (adoption set aside) (Rev 1) [2020] EWHC 3411 (Fam) (18 December 2020)

CD v Blackburn with Darwen Borough Council (adoption set aside) (Rev 1) [2020] EWHC 3411 (Fam) (18 December 2020)

The application to revoke the care, placement, and adoption orders was dismissed because there was no procedural irregularity, breach of natural justice, or fraud; all relevant issues were properly considered at trial and on appeal; and the threshold for revocation of adoption orders was not met. The applications by wider family members for joinder and reassessment as kinship carers were also dismissed as being far too late and without merit.

Citation
[2020] EWHC 3411 (Fam)
Parties
Applicant: CD; 1st Respondent: Blackburn with Darwen Borough Council; 2nd Respondents: A, B and C (Children by their Guardian)
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Application to Revoke Care, Placement and Adoption Orders / Final Hearing of Substantive Application
Outcome
Applications dismissed
Legal Topics
Revocation of Adoption Orders, Inherent Jurisdiction, Care Orders, Placement Orders, Procedural Fairness, Kinship Care, Article 8 ECHR
Family Law Child Protection Revocation of Adoption Orders Inherent Jurisdiction Care Orders Placement Orders Procedural Fairness Kinship Care +1 more

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Parties

CD

Applicant

Blackburn with Darwen Borough Council

1st Respondent

A, B and C (Children by their Guardian)

2nd Respondents

Procedural Posture

Application to Revoke Care, Placement and Adoption Orders / Final Hearing of Substantive Application

Legal Issues

  1. 1 Whether the care, placement, and adoption orders should be revoked under the inherent jurisdiction of the High Court
  2. 2 Whether there were procedural irregularities or breaches of natural justice justifying revocation
  3. 3 Whether kinship carers were properly considered

Ratio Decidendi

The application to revoke the care, placement, and adoption orders was dismissed because there was no procedural irregularity, breach of natural justice, or fraud; all relevant issues were properly considered at trial and on appeal; and the threshold for revocation of adoption orders was not met. The applications by wider family members for joinder and reassessment as kinship carers were also dismissed as being far too late and without merit.

Court Disposition

Applications dismissed

Orders

  • Mother's application to revoke care, placement, and adoption orders dismissed
  • Applications by wider family members for joinder and reassessment dismissed