B (A Child), Re

B (A Child), Re

The judge was wrong to refuse permission as there was a matter meriting investigation regarding contact between siblings, and the threshold for permission was met. The order refusing permission and imposing a section 91.14 restriction was set aside.

Parties
Subject Child: B (A Child); Appellant: Mother; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
11 March 2011
Procedural Posture
Family Law Child Contact/adoption / Appeal From County Court Decision Refusing Permission to Apply for Contact Order
Outcome
Appeal allowed
Legal Topics
Adoption, Contact Orders, Permission to Apply, Section 91.14 Restrictions, Article 8 ECHR
Family Law Adoption Contact Orders Permission to Apply Section 91.14 Restrictions Article 8 ECHR

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Parties

B (A Child)

Subject Child

Mother

Appellant

Local Authority

Respondent

Procedural Posture

Family Law Child Contact/adoption / Appeal From County Court Decision Refusing Permission to Apply for Contact Order

Legal Issues

  1. 1 Whether the judge erred in refusing the mother permission to apply for a contact order with her adopted child
  2. 2 Whether the imposition of a section 91.14 restriction was justified
  3. 3 Whether the proceedings were procedurally fair

Ratio Decidendi

The judge was wrong to refuse permission as there was a matter meriting investigation regarding contact between siblings, and the threshold for permission was met. The order refusing permission and imposing a section 91.14 restriction was set aside.

Court Disposition

Appeal allowed

Orders

  • Order refusing permission to apply for contact set aside
  • Mother granted permission to apply for contact under section 10(9)