The mother had been refused leave to oppose her child’s adoption. She now appealed.
Held: A court facing such an application faced two questions: Has there been a change in circumstances? If not, that is the end of the matter. If yes, then the question is, should leave to oppose be given? As to that, the judge must first consider and evaluate the parent’s ultimate prospects of success if given leave to oppose. Key is whether the prospects of success are more than just fanciful, whether they have solidity.
The court emphasised the need for the court to evaluate all the options for the child’s future where adoption was proposed, analysing the pros and cons of each in the light of the paramount consideration of the child’s future in the long term.
It would be a waste of time and resources, and would give false hope to the parents and cause undue anxiety and concern to the prospective adopted parents. No particular words are needed if the meaning is clear. ‘Once he or she has got to the point of concluding that there has been a change of circumstances and that the parent has solid grounds for seeking leave, the judge must consider very carefully indeed whether the child’s welfare really does necessitate the refusal of leave. The judge must keep at the forefront of his mind the teaching of Re B, in particular that adoption is the ‘last resort’ and only permissible if ‘nothing else will do’.’
Lord Dyson MR, Sir James Munby P, Black LJ
[2013] EWCA Civ 1146, [2013] WLR(D) 348, [2014] 1 WLR 563, [2014] 1 FLR 1035, [2013] 3 FCR 481, [2013] Fam Law 1515
Bailii, WLRD
Adoption and Children Act 2002 47(5)
England and Wales
Citing:
Leave – Re B-S (Children) CA 14-Jun-2013
Application for leave to appeal – mother had been refused consent to be heard to resist adoption application – leave granted . .
Cited by:
Cited – In re P (A Child) FD 17-Dec-2013
A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She . .
Cited – Re S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.
Adoption, Human Rights
Leading Case
Updated: 01 November 2021; Ref: scu.515281
