Coventry City Council v PGO & Ors

Coventry City Council v PGO & Ors

The county court had jurisdiction to grant an injunction, but the judge applied the wrong legal test. The correct approach required consideration of whether the local authority's decision to remove the children was irrational, disproportionate, or otherwise unlawful by public law standards. On the facts, there was no real prospect of establishing such unlawfulness, so the injunction should not have been granted. Additionally, a child is only 'placed' for adoption when he begins to live with the adopters, not at the start of introductions.

Parties
Appellant: Coventry City Council; First and Second Respondents: PGO and FEO; Third Respondent: CW; Fourth Respondent: RB; Fifth and Sixth Respondents: LB and CB (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
22 June 2011
Procedural Posture
Appeal (family/adoption) / Appeal From County Court Injunction and Related Orders
Outcome
Appeal allowed; injunction set aside; permission to appeal adjournment of revocation application granted but appeal dismissed.
Legal Topics
Injunctions Against Local Authority Removal, Jurisdiction of County Court in Adoption Proceedings, Timing of Placement for Adoption, Revocation of Placement Orders, Public Law Principles in Family Proceedings
Family Law Adoption Law Public Law Injunctions Against Local Authority Removal Jurisdiction of County Court in Adoption Proceedings Timing of Placement for Adoption Revocation of Placement Orders Public Law Principles in Family Proceedings

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Parties

Coventry City Council

Appellant

PGO and FEO

First and Second Respondents

CW

Third Respondent

RB

Fourth Respondent

LB and CB (by their Children’s Guardian)

Fifth and Sixth Respondents

Procedural Posture

Appeal (family/adoption) / Appeal From County Court Injunction and Related Orders

Legal Issues

  1. 1 Whether county court has jurisdiction to grant injunction restraining local authority from removing children from foster parents pending adoption application
  2. 2 Whether a child is 'placed' for adoption when introductions begin or only when living with adopters
  3. 3 Appropriate legal principles for granting injunctions in public law family proceedings

Ratio Decidendi

The county court had jurisdiction to grant an injunction, but the judge applied the wrong legal test. The correct approach required consideration of whether the local authority's decision to remove the children was irrational, disproportionate, or otherwise unlawful by public law standards. On the facts, there was no real prospect of establishing such unlawfulness, so the injunction should not have been granted. Additionally, a child is only 'placed' for adoption when he begins to live with the adopters, not at the start of introductions.

Court Disposition

Appeal allowed; injunction set aside; permission to appeal adjournment of revocation application granted but appeal dismissed.

Orders

  • Injunction restraining removal of children set aside.
  • Foster parents free to apply for adoption orders as of 22 May 2011.