ZH v HS & Ors (Application to Revoke Adoption Order) [2019] EWHC 2190 (Fam) (05 March 2019)

ZH v HS & Ors (Application to Revoke Adoption Order) [2019] EWHC 2190 (Fam) (05 March 2019)

The adoption order was not lawfully or properly made due to multiple substantive and procedural defects, including failure to meet statutory gateway requirements, lack of proper notice and consent, and flawed local authority reporting; revocation is justified under the court's inherent jurisdiction in highly...

Source-derived case information.

Citation
[2019] EWHC 2190 (Fam)
Parties
Applicant: ZH; 1st Respondent: HS; 2nd Respondent: MO; 3rd Respondent: Secretary of State for the Home Department; 4th Respondent: TS (by her Children's Guardian Desmond Wheway)
Jurisdiction
England and Wales
Judgment Date
05 March 2019
Procedural Posture
Family Law Application to Revoke Adoption Order / Final Judgment
Outcome
Adoption order revoked; child to be placed with birth mother.
Legal Topics
Revocation of Adoption Order, Procedural Irregularity, Parental Consent, Non Agency Adoption, Local Authority Duties
Family Law Adoption Law Child Welfare Revocation of Adoption Order Procedural Irregularity Parental Consent Non Agency Adoption Local Authority Duties

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Parties

ZH

Applicant

HS

1st Respondent

MO

2nd Respondent

Secretary of State for the Home Department

3rd Respondent

TS (by her Children's Guardian Desmond Wheway)

4th Respondent

Procedural Posture

Family Law Application to Revoke Adoption Order / Final Judgment

Legal Issues

  1. 1 Whether the adoption order was lawfully and properly made
  2. 2 Whether procedural and substantive flaws justify revocation under inherent jurisdiction
  3. 3 Effect of revocation on the child

Ratio Decidendi

The adoption order was not lawfully or properly made due to multiple substantive and procedural defects, including failure to meet statutory gateway requirements, lack of proper notice and consent, and flawed local authority reporting; revocation is justified under the court's inherent jurisdiction in highly exceptional circumstances.

Court Disposition

Adoption order revoked; child to be placed with birth mother.

Orders

  • Adoption order dated 12 October 2016 revoked.
  • T to be placed in ZH's care.