Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)

Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)

The Court of Appeal refused permission to appeal out of time and to adduce fresh evidence. The court held that the adoption orders were final and could not be set aside in the absence of procedural irregularity or fraud. The fresh medical evidence, while raising questions about the original findings, did not meet the criteria for admitting new evidence on appeal as set out in Ladd v Marshall, particularly given the significant delay and the fact that the evidence could have been obtained earlier. The court found that the best interests of the children, the need for stability, and the finality of adoption orders outweighed the applicants' arguments. The interference with family life under...

Citation
[2009] EWCA Civ 59
Parties
Applicant: Nicola Webster; Applicant: Mark Webster; 1st Respondent: Norfolk County Council; 2nd, 3rd & 4th Respondents: The Children by their Children's Guardian; Interested Party: Adoptive Parents of A, B and C
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Appeal (family Law Children) / Application for Permission to Appeal Out of Time and to Adduce Fresh Evidence
Outcome
Applications refused
Legal Topics
Setting Aside Adoption Orders, Fresh Evidence on Appeal, Non Accidental Injury, Scurvy Misdiagnosis, Article 8 ECHR, Finality of Adoption, Procedural Fairness
Family Law Child Protection Adoption Law Human Rights Setting Aside Adoption Orders Fresh Evidence on Appeal Non Accidental Injury Scurvy Misdiagnosis +3 more

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Parties

Nicola Webster

Applicant

Mark Webster

Applicant

Norfolk County Council

1st Respondent

The Children by their Children's Guardian

2nd, 3rd & 4th Respondents

Adoptive Parents of A, B and C

Interested Party

Procedural Posture

Appeal (family Law Children) / Application for Permission to Appeal Out of Time and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the Court of Appeal should grant permission to appeal out of time against care, freeing, and adoption orders
  2. 2 Whether fresh medical evidence justifies setting aside previous findings of non-accidental injury
  3. 3 Whether adoption orders can be set aside in the absence of procedural irregularity or fraud

Ratio Decidendi

The Court of Appeal refused permission to appeal out of time and to adduce fresh evidence. The court held that the adoption orders were final and could not be set aside in the absence of procedural irregularity or fraud. The fresh medical evidence, while raising questions about the original findings, did not meet the criteria for admitting new evidence on appeal as set out in Ladd v Marshall, particularly given the significant delay and the fact that the evidence could have been obtained earlier. The court found that the best interests of the children, the need for stability, and the finality of adoption orders outweighed the applicants' arguments. The interference with family life under...

Court Disposition

Applications refused

Orders

  • Permission to appeal out of time refused
  • Permission to adduce fresh evidence refused