X (A Child), Re (Rev 1)

Justice, the child's best interests, and public interest require a re-hearing of the original fact-finding in light of new evidence; the threshold for re-opening is met.

Parties: Applicant: Local Authority; Respondents: Birth Parents; Respondents: Adoptive Parents; Subject: Child X
Jurisdiction: England and Wales
Judgment Date: 10 June 2016
Procedural Posture: Family / Application for Re Hearing of Fact Finding Under Inherent Jurisdiction
Outcome: Application for re-hearing of fact-finding granted.
Legal Topics: Adoption Order Challenge, Miscarriage of Justice, Fact Finding Re Hearing, Child's Right to Truth, Public Interest in Justice

Family Law Child Law Adoption Adoption Order Challenge Miscarriage of Justice Fact Finding Re Hearing Child's Right to Truth Public Interest in Justice

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Parties

Local Authority

Applicant

Birth Parents

Respondents

Adoptive Parents

Respondents

Child X

Subject

Procedural Posture

Family / Application for Re Hearing of Fact Finding Under Inherent Jurisdiction

Legal Issues

1 Whether a re-hearing of the original fact-finding is justified in light of new evidence
2 Whether the birth parents are entitled to clear their names and avoid future prejudice
3 Whether the child's best interests require ascertainment of the truth

Ratio Decidendi

Justice, the child's best interests, and public interest require a re-hearing of the original fact-finding in light of new evidence; the threshold for re-opening is met.

Court Disposition

Application for re-hearing of fact-finding granted.

Orders

Full re-hearing of original allegations from care proceedings to be held.
Further directions hearing to be scheduled before October 2016.