The court asked ‘what is the proper test for dispensing with parental agreement to the making of a placement order under section 52(1)(b) of the Adoption and Children Act 2002 (the 2002 Act)?’
Held: Any question of contact between the children and their family members was for the court and not the local authority to resolve. The word ‘requires’ in section 52(1)(b) ‘was plainly chosen as best conveying . . the essence of the Strasbourg jurisprudence.’
Judges:
Lord Justice Thorpe, Lord Justice Wall and Mr Justice Munby
Citations:
[2008] EWCA Civ 535, Times 29-May-2008, [2008] 2 FLR 625
Links:
Statutes:
Adoption and Children Act 2002 52(1)(b)
Jurisdiction:
England and Wales
Cited by:
Cited – Re B (A Child) (Care Proceedings: Threshold Criteria) SC 12-Jun-2013
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of . .
Cited – Re B (A Child) (Care Proceedings: Threshold Criteria) SC 12-Jun-2013
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of . .
Lists of cited by and citing cases may be incomplete.
Adoption, Human Rights
Updated: 15 July 2022; Ref: scu.267920