NS-H v Kingston Upon Hull City Council & Anor [2008] EWCA Civ 493 (14 May 2008)

NS-H v Kingston Upon Hull City Council & Anor [2008] EWCA Civ 493 (14 May 2008)

Leave should be granted to the mother to apply for revocation of the placement order because there has been a material change in circumstances, the child is not currently suitable for adoption, and it is in the child's interests for the court to re-examine his suitability and care options.

Citation
[2008] EWCA Civ 493
Parties
Appellant: NS-H; First Respondent: Kingston Upon Hull City Council; Second Respondent: MC
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Appeal From High Court, Family Division / Judgment on Appeal
Outcome
Appeal allowed in respect of leave to apply for revocation of placement order; leave granted to mother.
Legal Topics
Revocation of Placement Order, Leave to Apply for Revocation, Wardship, Inherent Jurisdiction, Care Order, Child Welfare
Family Law Child Protection Adoption Law Revocation of Placement Order Leave to Apply for Revocation Wardship Inherent Jurisdiction Care Order +1 more

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Parties

NS-H

Appellant

Kingston Upon Hull City Council

First Respondent

MC

Second Respondent

Procedural Posture

Appeal From High Court, Family Division / Judgment on Appeal

Legal Issues

  1. 1 Whether leave should be granted to apply for revocation of a placement order under s.24(2)(a) Adoption and Children Act 2002
  2. 2 Whether the child can be made a ward of court while subject to a placement order
  3. 3 Appropriateness of the local authority's care plan for the child

Ratio Decidendi

Leave should be granted to the mother to apply for revocation of the placement order because there has been a material change in circumstances, the child is not currently suitable for adoption, and it is in the child's interests for the court to re-examine his suitability and care options.

Court Disposition

Appeal allowed in respect of leave to apply for revocation of placement order; leave granted to mother.

Orders

  • Mother given leave to apply for revocation of placement order under s.24(2)(a) Adoption and Children Act 2002.
  • Directions hearing to be conducted by Charles J.