TY (Preliminaries To Intercountry Adoption)
Statutory non-compliance with notice requirements and the 'had his home with' requirement does not bar the adoption application from proceeding where the underlying purposes of the requirements are met, no prejudice is caused, and a flexible, purposive, and human rights-compliant interpretation is adopted.
- Parties
- Applicant: Ms CM; Respondent: Local Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 07 November 2019
- Procedural Posture
- Adoption / Preliminary Directions Ruling
- Outcome
- Application allowed to proceed to final hearing
- Legal Topics
- Statutory Compliance, Notice Requirements, Home Requirement, Human Rights, Discretionary Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Ms CM
Applicant
Local Authority
Respondent
Procedural Posture
Adoption / Preliminary Directions Ruling
Legal Issues
- 1 Whether the adoption application can proceed despite non-compliance with statutory notice requirements
- 2 Whether the 'had his home with' requirement is satisfied for intercountry adoption
- 3 Whether statutory non-compliance is fatal to the application
Ratio Decidendi
Statutory non-compliance with notice requirements and the 'had his home with' requirement does not bar the adoption application from proceeding where the underlying purposes of the requirements are met, no prejudice is caused, and a flexible, purposive, and human rights-compliant interpretation is adopted.
Court Disposition
Application allowed to proceed to final hearing
Orders
- Parties to submit draft directions order for case management
- Local Authority to undertake Annex A assessment and prepare report
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