CD v Blackburn with Darwen Borough Council (adoption set aside) (Rev 1)

CD v Blackburn with Darwen Borough Council (adoption set aside) (Rev 1)

The applications to revoke the care, placement, and adoption orders are dismissed because the orders were lawfully and properly made, no procedural irregularity or breach of natural justice occurred, kinship carers were properly assessed and rejected, and reopening proceedings would be highly damaging to the settled children.

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, Care Orders, Placement Orders, Kinship Care, Procedural Fairness, Article 8 ECHR
Family Law Child Protection Revocation of Adoption Orders Care Orders Placement Orders Kinship Care Procedural Fairness Article 8 ECHR

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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 adoption, care, and placement orders should be revoked under the inherent jurisdiction
  2. 2 Whether procedural irregularity or breach of natural justice occurred
  3. 3 Whether kinship carers were properly considered

Ratio Decidendi

The applications to revoke the care, placement, and adoption orders are dismissed because the orders were lawfully and properly made, no procedural irregularity or breach of natural justice occurred, kinship carers were properly assessed and rejected, and reopening proceedings would be highly damaging to the settled children.

Court Disposition

Applications dismissed

Orders

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