A (a minor), Re

A (a minor), Re

The lower court erred by failing to give adequate consideration to the Children’s Guardian’s support for the foster mother’s application, by not independently assessing whether her application had a real prospect of success, and by placing undue weight on the outcome of prior care and placement proceedings, which did not determine the identity of the optimum adopter. The appellate court therefore exercised its own discretion to grant leave to the foster mother to apply for an adoption order.

Parties
Appellant: TL; First Respondent: Coventry City Council; Second Respondent: CC; Intervener: A, by her Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Civil Appeal / Appeal From Refusal of Leave to Apply for Adoption Order
Outcome
Appeal allowed; leave to apply for adoption order granted to foster mother.
Legal Topics
Adoption, Leave to Apply for Adoption Order, Care and Placement Orders, Judicial Discretion, Child Welfare
Family Law Child Law Adoption Leave to Apply for Adoption Order Care and Placement Orders Judicial Discretion Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

TL

Appellant

Coventry City Council

First Respondent

CC

Second Respondent

A, by her Children’s Guardian

Intervener

Procedural Posture

Civil Appeal / Appeal From Refusal of Leave to Apply for Adoption Order

Legal Issues

  1. 1 Whether the foster mother should be granted leave to apply for an adoption order under s.42(6) of the Adoption and Children Act 2002 before the child had been in her care for one year
  2. 2 Whether the lower court erred in refusing leave without proper consideration of the Children’s Guardian’s views and without adequate independent assessment of the foster mother’s candidacy
  3. 3 Whether the outcome of prior care and placement proceedings precluded consideration of the foster mother’s application

Ratio Decidendi

The lower court erred by failing to give adequate consideration to the Children’s Guardian’s support for the foster mother’s application, by not independently assessing whether her application had a real prospect of success, and by placing undue weight on the outcome of prior care and placement proceedings, which did not determine the identity of the optimum adopter. The appellate court therefore exercised its own discretion to grant leave to the foster mother to apply for an adoption order.

Court Disposition

Appeal allowed; leave to apply for adoption order granted to foster mother.

Orders

  • Set aside the lower court’s refusal of leave.
  • Grant leave to the foster mother to apply for an adoption order in respect of A.