D (A Child)

D (A Child)

The judge was entitled and bound, on the professional evidence, to find that there was no realistic prospect of rehabilitation between Ms D and D, that Ms D was unreasonably withholding her agreement to adoption, and that the termination of contact was within the judge's discretion. No further assessment would...

Source-derived case information.

Parties
Appellant: Ms D; Respondent: Bournemouth Borough Council
Jurisdiction
England and Wales
Judgment Date
26 July 2006
Procedural Posture
Family Law Child Care and Adoption / Application for Permission to Appeal (post Care and Freeing Orders)
Outcome
Permission to appeal refused
Legal Topics
Care Orders, Adoption, Termination of Parental Contact, Permission to Appeal
Family Law Child Law Care Orders Adoption Termination of Parental Contact Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms D

Appellant

Bournemouth Borough Council

Respondent

Procedural Posture

Family Law Child Care and Adoption / Application for Permission to Appeal (post Care and Freeing Orders)

Legal Issues

  1. 1 Whether the judge erred in making a care order and freeing order for adoption in respect of D
  2. 2 Whether the judge was correct to permit the local authority to terminate contact between Ms D and D
  3. 3 Whether Ms D was unreasonably withholding her agreement to adoption

Ratio Decidendi

The judge was entitled and bound, on the professional evidence, to find that there was no realistic prospect of rehabilitation between Ms D and D, that Ms D was unreasonably withholding her agreement to adoption, and that the termination of contact was within the judge's discretion. No further assessment would assist, and granting permission to appeal would serve no useful purpose.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Care order and freeing order for adoption to stand