Adoption and Procedural Errors

Family and Children

In the case of Re T (a child) (adoption order) [2012], The Court of Appeal upheld a mother’s appeal against an adoption order.

The mother of seven had her youngest child taken in to care and then placed for adoption by the local authority.  The matter came before the county court and an adoption order was made.  The mother appealed.

The local authority and the guardian conceded that the judge had failed to ensure that the child was made a party to the proceedings.  Neither the guardian nor the child had been legally represented.  The mother had also not seen or read the report by the local authority.

The appeal deemed that these procedural errors were too great to uphold the original ruling.  The adoption order would be set aside and the case would be re-tried under a different judge.

If you would like advice regarding matters involving children please contact our Family Law Department for a free initial interview on Eastbourne 01323 727321 or Hailsham 01323 841481.

Nicholas Dennis
Nicholas Dennis
Alexandra Funnell
Alexandra Funnell
Guy Brown
Guy Brown
Carolyn Richards
Carolyn Richards