In the Matter of X (Adopted Child: Access To Court File)

In the Matter of X (Adopted Child: Access To Court File)

The court has discretion under the relevant rules to permit inspection of the adoption court file by a descendant, and in this case, given the long passage of time, the death of all principal parties, the applicant's close relationship, and the absence of any real risk of harm, disclosure is justified. The statutory...

Source-derived case information.

Parties
Applicant: Y; Respondent: Registrar General
Jurisdiction
England and Wales
Judgment Date
09 September 2014
Procedural Posture
Family (adoption) / Judgment on Application for Access to Adoption Court File by Descendant of Adopted Person
Outcome
Application granted in part; access to court file allowed under court's discretion, not under section 79(4).
Legal Topics
Access to Adoption Records, Disclosure of Court Files, Descendants' Rights, Confidentiality in Adoption Proceedings
Family Law Adoption Law Access to Adoption Records Disclosure of Court Files Descendants' Rights Confidentiality in Adoption Proceedings

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Parties

Y

Applicant

Registrar General

Respondent

Procedural Posture

Family (adoption) / Judgment on Application for Access to Adoption Court File by Descendant of Adopted Person

Legal Issues

  1. 1 What principles govern a descendant's application for access to an adoption court file?
  2. 2 Does the applicant meet the threshold for disclosure under section 79(4) of the Adoption and Children Act 2002?
  3. 3 Should the court exercise its discretion under rule 14.24 (or predecessor rules) to allow inspection of the file?

Ratio Decidendi

The court has discretion under the relevant rules to permit inspection of the adoption court file by a descendant, and in this case, given the long passage of time, the death of all principal parties, the applicant's close relationship, and the absence of any real risk of harm, disclosure is justified. The statutory test of 'exceptional circumstances' under section 79(4) is not met, but the rules allow a broader discretion, which should be exercised in favour of the applicant.

Court Disposition

Application granted in part; access to court file allowed under court's discretion, not under section 79(4).

Orders

  • Y is entitled to inspect, at court in Bristol, the whole of the original court file relating to X’s adoption.
  • Y is entitled, upon payment of reasonable copying charges, to obtain a copy of the whole of that file.