The foster mother of a baby promptly indicated a wish to adopt her. Following four months of assessment Coventry informed her that, for reasons which she wished to challenge, her adoption of the baby would be unsuitable. Three days prior to so informing her, Coventry had matched the baby with prospective adopters and had resolved to move her into their home within the following three weeks. In that the baby had not had her home with her for as long as one year, the foster mother needed leave to apply for an adoption order under s.42(6) of the Act of 2002, whereupon, pursuant to s.44(4), she would be able to give notice of intention to adopt.
Held: The factors relevant to the exercise of the discretion under s.24(3) of the Act of 2002, as identified in the Warwickshire case, were identical to those relevant to the exercise of the discretion whether to grant leave to apply for an adoption order under s.42(6) of the Act of 2002.
Judges:
Ward, Moore-Bick, Wilson LJJ
Citations:
[2007] EWCA Civ 1383, [2008] 1 FLR 959, [2008] 1 FLR 959
Links:
Statutes:
Adoption and Children Act 2002 24(3) 42(6)
Jurisdiction:
England and Wales
Citing:
Cited – Warwickshire County Council v M and others CA 1-Nov-2007
The judge had granted the mother leave to apply for revocation of placement orders. The authority appealed. The mother argued that once a change of circumstances was shown, the court was obliged to give leave to apply.
Held: The judge was not . .
Cited by:
Cited – In re G (A Child) (Special guardianship order: Application to discharge) CA 10-Feb-2010
The mother had failed in her application to have set aside a special guardianship order made in favour of the child’s grandmother. The judge had held that the change in her circumstances was not significant.
Held: Her appeal succeeded. The . .
Cited – Coventry City Council v PGO and Others CA 22-Jun-2011
The children had been placed with short term fosterers. On adopters being found, the fosterers themselves applied to adopt the children. The court was asked whether a county court judge had power to injunct the authority not to remove the children . .
Lists of cited by and citing cases may be incomplete.
Adoption
Updated: 26 November 2022; Ref: scu.263402