A, Re (Adoption – notice requirements)

A, Re (Adoption – notice requirements)

The applicant did not strictly comply with section 44 notice requirements by notifying County B Council, but a purposive construction of the legislation and section 3 of the Human Rights Act 1998 allow the application to proceed, as County A Council is best placed to investigate and report, and both applicant's and child's Article 8 rights require the court to consider the adoption application.

Parties
Applicant: Prospective adopter; Respondent: A mother; Interested Party: County A Council; Interested Party: County B Council
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Adoption / Interlocutory Judgment on Notice Requirements
Outcome
Application for adoption order allowed to proceed despite technical breach of notice requirements.
Legal Topics
Adoption Order Notice Requirements, Local Authority Jurisdiction, Delegation of Functions, Article 8 ECHR Rights
Family Law Adoption Law Human Rights Adoption Order Notice Requirements Local Authority Jurisdiction Delegation of Functions Article 8 ECHR Rights

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Parties

Prospective adopter

Applicant

A mother

Respondent

County A Council

Interested Party

County B Council

Interested Party

Procedural Posture

Adoption / Interlocutory Judgment on Notice Requirements

Legal Issues

  1. 1 Has the applicant given adequate notice under section 44 of the Adoption and Children Act 2002?
  2. 2 Can and should the Court remedy any defect in notice?
  3. 3 Can County A Council assume, or County B Council delegate, responsibility for investigating and submitting a report to the court?

Ratio Decidendi

The applicant did not strictly comply with section 44 notice requirements by notifying County B Council, but a purposive construction of the legislation and section 3 of the Human Rights Act 1998 allow the application to proceed, as County A Council is best placed to investigate and report, and both applicant's and child's Article 8 rights require the court to consider the adoption application.

Court Disposition

Application for adoption order allowed to proceed despite technical breach of notice requirements.

Orders

  • Applicant to file statement in support of application.
  • Mother to file statement in response.