G (A Child)

G (A Child)

The judge at first instance set the bar too high for change of circumstances and failed to make findings on disputed factual issues, thereby wrongly refusing leave to apply for revocation of the placement order. The mother's change of circumstances, on paper, was sufficient to pass the first stage of the test.

Parties
Appellant: Ms N Barrett; Respondent: Haringey Council
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Revocation of Placement Order, Change of Circumstances, Leave to Apply, Adoption Proceedings
Family Law Child Protection Adoption Revocation of Placement Order Change of Circumstances Leave to Apply Adoption Proceedings

Case Brief

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Parties

Ms N Barrett

Appellant

Haringey Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the mother had demonstrated a sufficient change of circumstances to warrant leave to apply for revocation of the placement order under section 24(2)(a) of the Adoption and Children Act 2002
  2. 2 Whether the judge at first instance set the bar too high for change of circumstances
  3. 3 Whether disputed factual issues were properly determined

Ratio Decidendi

The judge at first instance set the bar too high for change of circumstances and failed to make findings on disputed factual issues, thereby wrongly refusing leave to apply for revocation of the placement order. The mother's change of circumstances, on paper, was sufficient to pass the first stage of the test.

Court Disposition

appeal allowed

Orders

  • HHJ Levy’s order set aside
  • Mother’s application to be heard by a different court without reference to HHJ Levy’s judgment