Defended adoption proceedings

In re P (a child) (adoption proceedings) CA TLR 29 June

This was the first case to reach the Court of Appeal in which the leave provisions in s47 of the Adoption and Children Act 2002 fell to be considered. A care order had been made in respect of S following a substantive and fully contested hearing. A placement order was made under s21 of the Act, the judge dispensed with both parents’ consent and S was placed with the prospective adopters where she had remained ever since. The parents applied for leave to defend the adoption proceedings asserting that there had been a change in circumstances since the placement order was made within s47(7) of the Act, sufficient for the judge to give them leave to defend the proceedings.