Prospective Adopters v Sheffield City Council

Prospective Adopters v Sheffield City Council

The email of 21 July 2020 constituted valid notice under section 35(1) ACA 2002, ending the placement permanently; the local authority's retention of M was lawful; applicants lacked standing for adoption application as M had not lived with them for ten weeks preceding application.

Source-derived case information.

Parties
Applicant: Prospective Adopters; Respondent: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
21 October 2020
Procedural Posture
Human Rights Application / Judgment
Outcome
Application dismissed; adoption application struck out.
Legal Topics
Adoption, Placement Orders, Parental Responsibility, Judicial Review
Family Law Human Rights Law Adoption Placement Orders Parental Responsibility Judicial Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Prospective Adopters

Applicant

Sheffield City Council

Respondent

Procedural Posture

Human Rights Application / Judgment

Legal Issues

  1. 1 Whether the email of 21 July 2020 constituted notice under section 35(1) Adoption and Children Act 2002
  2. 2 Whether the local authority's accommodation of M became unlawful after 14 August 2020
  3. 3 Standing of prospective adopters to apply for an adoption order

Ratio Decidendi

The email of 21 July 2020 constituted valid notice under section 35(1) ACA 2002, ending the placement permanently; the local authority's retention of M was lawful; applicants lacked standing for adoption application as M had not lived with them for ten weeks preceding application.

Court Disposition

Application dismissed; adoption application struck out.

Orders

  • Application under Human Rights Act 1998 dismissed.
  • Adoption application struck out.