F (A Child)

F (A Child)

Section 24(5) Adoption and Children Act 2002 does not prohibit placement for adoption upon the filing of an application for leave to apply for revocation; it only applies after a substantive application for revocation is made. The statutory language is clear and cannot be read to include applications for leave. The section is compatible with ECHR rights. The appeal is dismissed.

Parties
Appellant: MC (Father); Respondent (local Authority): East Sussex County Council; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
01 May 2008
Procedural Posture
Appeal (civil) / Judgment on Appeal From Brighton County Court
Outcome
Appeal dismissed
Legal Topics
Revocation of Placement Orders, Interpretation of Section 24 Adoption and Children Act 2002, Access to Court, Good Practice for Local Authorities, Article 6 and 8 ECHR Rights
Family Law Adoption Law Human Rights Revocation of Placement Orders Interpretation of Section 24 Adoption and Children Act 2002 Access to Court Good Practice for Local Authorities Article 6 and 8 ECHR Rights

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Parties

MC (Father)

Appellant

East Sussex County Council

Respondent (local Authority)

Mother

Respondent

Procedural Posture

Appeal (civil) / Judgment on Appeal From Brighton County Court

Legal Issues

  1. 1 Whether Section 24(5) Adoption and Children Act 2002 prohibits placement for adoption upon application for leave to revoke placement order
  2. 2 Whether Section 24(5) should be interpreted to include applications for leave to apply for revocation to protect Convention rights
  3. 3 Whether the conduct of the local authority breached fair process or ECHR rights

Ratio Decidendi

Section 24(5) Adoption and Children Act 2002 does not prohibit placement for adoption upon the filing of an application for leave to apply for revocation; it only applies after a substantive application for revocation is made. The statutory language is clear and cannot be read to include applications for leave. The section is compatible with ECHR rights. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order for revocation; judgments to be disseminated to judiciary and adoption agencies as guidance on good practice.