HX v A Local Authority & Ors (Application to Revoke Adoption Order)

HX v A Local Authority & Ors (Application to Revoke Adoption Order)

The court held that although there were procedural deficiencies in the care and placement proceedings regarding efforts to locate the birth father, these did not amount to a fundamental breach of natural justice or highly exceptional circumstances required for revocation. The birth father was given notice, made a party, and had opportunities to participate in the adoption proceedings, but failed to take timely action. The public policy interest in the permanence of adoption orders outweighed the procedural concerns.

Parties
Applicant: HX; First Respondent: A Local Authority; Second Respondent: Y; Third Respondent: Z (By Her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Application to Revoke Adoption Order / Final Judgment
Outcome
Application dismissed
Legal Topics
Adoption, Revocation of Adoption Order, Natural Justice, Parental Responsibility, Procedural Fairness
Family Law Child Law Adoption Revocation of Adoption Order Natural Justice Parental Responsibility Procedural Fairness

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Parties

HX

Applicant

A Local Authority

First Respondent

Y

Second Respondent

Z (By Her Children’s Guardian)

Third Respondent

Procedural Posture

Application to Revoke Adoption Order / Final Judgment

Legal Issues

  1. 1 Whether a fundamental breach of natural justice occurred justifying revocation of the adoption order
  2. 2 Whether the local authority and Children’s Guardian took all reasonable steps to identify and involve the birth father
  3. 3 Whether procedural deficiencies in care and placement proceedings constitute highly exceptional circumstances for revocation

Ratio Decidendi

The court held that although there were procedural deficiencies in the care and placement proceedings regarding efforts to locate the birth father, these did not amount to a fundamental breach of natural justice or highly exceptional circumstances required for revocation. The birth father was given notice, made a party, and had opportunities to participate in the adoption proceedings, but failed to take timely action. The public policy interest in the permanence of adoption orders outweighed the procedural concerns.

Court Disposition

Application dismissed

Orders

  • The birth father’s application to revoke the adoption order is dismissed.