RAP v Serial No. 52/2006 & Ors

RAP v Serial No. 52/2006 & Ors

The appeal is dismissed because the judge correctly applied the statutory two-stage process, found either no sufficient change in circumstances or, if there was, that the child's welfare required adoption, and exercised his discretion properly under section 1 of the 2002 Act. The process was fair and did not require oral evidence in the circumstances.

Parties
Appellant: RAP; 1st Respondent: Oxfordshire County Council; 2nd Respondent: RLP; 3rd Respondent: SP (acting by her Children’s guardian); 4th Respondent: P (A Child)
Jurisdiction
England and Wales
Judgment Date
27 June 2007
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Leave to Oppose Adoption Order
Outcome
Appeal dismissed
Legal Topics
Adoption Proceedings, Leave to Oppose Adoption, Child Welfare, Change in Circumstances, Statutory Interpretation
Family Law Adoption Law Adoption Proceedings Leave to Oppose Adoption Child Welfare Change in Circumstances Statutory Interpretation

Case Brief

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Parties

RAP

Appellant

Oxfordshire County Council

1st Respondent

RLP

2nd Respondent

SP (acting by her Children’s guardian)

3rd Respondent

P (A Child)

4th Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Leave to Oppose Adoption Order

Legal Issues

  1. 1 Whether the parents demonstrated a sufficient change in circumstances since the placement order to be granted leave to oppose the adoption
  2. 2 Whether the child's welfare is the paramount consideration at the leave stage under section 47 of the Adoption and Children Act 2002
  3. 3 Whether the hearing process was fair without oral evidence

Ratio Decidendi

The appeal is dismissed because the judge correctly applied the statutory two-stage process, found either no sufficient change in circumstances or, if there was, that the child's welfare required adoption, and exercised his discretion properly under section 1 of the 2002 Act. The process was fair and did not require oral evidence in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order refusing leave to oppose the adoption stands.