A (A Child: Adoption Time Limits S44(3)) (Rev 1)

A (A Child: Adoption Time Limits S44(3)) (Rev 1)

The failure to comply with the two-year time limit in s.44(3) Adoption and Children Act 2002 is a technical breach that does not bar the adoption application. The court adopts a purposive construction of the statute, or alternatively reads down the provision under s.3 Human Rights Act 1998, to allow the application to proceed in order to protect A's and the applicant's Article 8 rights and serve A's welfare best interests.

Parties
Applicant: Ms Z; Subject Child: A; Adoption Agency/interested Party: London Borough (Local Authority)
Jurisdiction
England and Wales
Judgment Date
24 November 2020
Procedural Posture
Adoption Application / Ruling on Compliance With Statutory Time Limits Under S.44(3) Adoption and Children Act 2002
Outcome
Application allowed to proceed
Legal Topics
Adoption Time Limits, Statutory Interpretation, Article 8 ECHR, Non Agency Adoption, Procedural Compliance
Family Law Adoption Law Human Rights Law Adoption Time Limits Statutory Interpretation Article 8 ECHR Non Agency Adoption Procedural Compliance

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Parties

Ms Z

Applicant

A

Subject Child

London Borough (Local Authority)

Adoption Agency/interested Party

Procedural Posture

Adoption Application / Ruling on Compliance With Statutory Time Limits Under S.44(3) Adoption and Children Act 2002

Legal Issues

  1. 1 Whether failure to comply with s.44(3) Adoption and Children Act 2002 time limit bars the adoption application
  2. 2 Whether the court can adopt a purposive construction or read down s.44(3) under s.3 Human Rights Act 1998 to allow the application to proceed

Ratio Decidendi

The failure to comply with the two-year time limit in s.44(3) Adoption and Children Act 2002 is a technical breach that does not bar the adoption application. The court adopts a purposive construction of the statute, or alternatively reads down the provision under s.3 Human Rights Act 1998, to allow the application to proceed in order to protect A's and the applicant's Article 8 rights and serve A's welfare best interests.

Court Disposition

Application allowed to proceed

Orders

  • The adoption application may proceed notwithstanding non-compliance with s.44(3) time limit.
  • No referral to the Secretary of State for the Home Department is required.