A v R Local Authority & Anor [2024] EWHC 3260 (Fam) (17 November 2024)

A v R Local Authority & Anor [2024] EWHC 3260 (Fam) (17 November 2024)

There was no exceptional circumstance or fundamental procedural irregularity to justify setting aside the adoption orders. Ms A's arguments had already been considered and rejected in prior proceedings. Her application for permission to apply for contact was refused due to the risk of harm to the children and her ongoing refusal to accept the adoption.

Citation
[2024] EWHC 3260 (Fam)
Parties
Applicant: Ms A; First Respondent: R Local Authority; Second Respondent: T Local Authority
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Family / Application to Set Aside Adoption Orders and for Permission to Apply for Contact Orders
Outcome
Applications dismissed
Legal Topics
Set Aside of Adoption Orders, Post Adoption Contact, Procedural Fairness, Bias and Conflict of Interest
Family Law Adoption Set Aside of Adoption Orders Post Adoption Contact Procedural Fairness Bias and Conflict of Interest

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Parties

Ms A

Applicant

R Local Authority

First Respondent

T Local Authority

Second Respondent

Procedural Posture

Family / Application to Set Aside Adoption Orders and for Permission to Apply for Contact Orders

Legal Issues

  1. 1 Whether adoption orders should be set aside
  2. 2 Whether permission should be granted to apply for post-adoption contact
  3. 3 Whether there was procedural irregularity or bias justifying setting aside orders

Ratio Decidendi

There was no exceptional circumstance or fundamental procedural irregularity to justify setting aside the adoption orders. Ms A's arguments had already been considered and rejected in prior proceedings. Her application for permission to apply for contact was refused due to the risk of harm to the children and her ongoing refusal to accept the adoption.

Court Disposition

Applications dismissed

Orders

  • Application to set aside adoption orders dismissed
  • Permission to apply for post-adoption contact refused