T (A Child : Early Permanence Placement)

T (A Child : Early Permanence Placement)

Prospective adopters (Mr and Mrs X) should not be joined as parties to care proceedings, and leave to apply for an adoption order should not be granted during ongoing care proceedings unless and until the court has determined that adoption is required for the child's welfare. The statutory and case law framework does not justify or require a change in approach for early permanence placements.

Parties
Applicant: Local Authority; Appellant: Father; Respondents: Paternal Grandparents; Respondents: Mr and Mrs X (Prospective Adoptive Parents); Subject: T (A Child); Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
24 September 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals allowed; orders of Judge Troy set aside.
Legal Topics
Adoption, Care Proceedings, Early Permanence Placement, Party Joinder, Leave to Apply for Adoption Order
Family Law Child Law Adoption Care Proceedings Early Permanence Placement Party Joinder Leave to Apply for Adoption Order

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Parties

Local Authority

Applicant

Father

Appellant

Paternal Grandparents

Respondents

Mr and Mrs X (Prospective Adoptive Parents)

Respondents

T (A Child)

Subject

Mother

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether prospective adopters (Mr and Mrs X) should be joined as parties to care proceedings
  2. 2 Whether leave should be granted to Mr and Mrs X to apply for an adoption order during ongoing care proceedings
  3. 3 Proper procedural approach to early permanence placements and private law adoption applications

Ratio Decidendi

Prospective adopters (Mr and Mrs X) should not be joined as parties to care proceedings, and leave to apply for an adoption order should not be granted during ongoing care proceedings unless and until the court has determined that adoption is required for the child's welfare. The statutory and case law framework does not justify or require a change in approach for early permanence placements.

Court Disposition

Appeals allowed; orders of Judge Troy set aside.

Orders

  • Mr and Mrs X are not to be joined as parties to the care proceedings.
  • Leave to apply for an adoption order is not granted at this stage.