H (A Child)

H (A Child)

The judge gave insufficient weight to the appellants' direct connection as legal parents of the child's half-sibling, the principle that siblings should be raised together, and the positive assessment of their suitability. These factors, combined with the local authority's change of plan, vitiated the exercise of...

Source-derived case information.

Parties
Appellant: Mr and Mrs A; Respondent: Liverpool County Council
Jurisdiction
England and Wales
Judgment Date
03 April 2008
Procedural Posture
Family Law Child Residence/adoption / Appeal From Refusal of Leave to Apply for Residence Order
Outcome
Appeal allowed
Legal Topics
Residence Orders, Adoption, Leave to Apply, Sibling Placement, Judicial Discretion
Family Law Child Law Residence Orders Adoption Leave to Apply Sibling Placement Judicial Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr and Mrs A

Appellant

Liverpool County Council

Respondent

Procedural Posture

Family Law Child Residence/adoption / Appeal From Refusal of Leave to Apply for Residence Order

Legal Issues

  1. 1 Whether the appellants (adoptive parents of child's half-sibling) should be granted leave to apply for a residence order for a child freed for adoption
  2. 2 Whether the judge erred in her application of section 10(9) of the Children Act 1989
  3. 3 Whether the connection between the appellants and the child was sufficiently direct

Ratio Decidendi

The judge gave insufficient weight to the appellants' direct connection as legal parents of the child's half-sibling, the principle that siblings should be raised together, and the positive assessment of their suitability. These factors, combined with the local authority's change of plan, vitiated the exercise of discretion and required the grant of leave to apply for a residence order.

Court Disposition

Appeal allowed

Orders

  • Judge's order refusing leave set aside
  • Mr and Mrs A granted leave to apply for a residence order