Adoption procedural irregularity.

Harris, Alexandra Conroy

Re T (A c hild)[2012]

Court of Appeal (Civil Division) Thorpe & Black LLJ, Sir John Chadwick

2 February 2012

M was the mother of a child, T, and had convictions for offences against T's older siblings. T was made the subject of a care and placement order and had been placed with prospective adopters. When they applied for an adoption order, M applied for permission to oppose the application. The judge appointed a CAFCASS children's guardian, who produced a report for the court. M was unrepresented and did not see a copy of the report, which alleged that her circumstances had actually deteriorated since the making of the placement order. The judge accepted the report and refused permission to oppose, going on to make an adoption order. M appealed on the grounds that she had been unable to put her case fairly without having read the guardian's report.

Held

The unfairness to M of not having seen the evidence against her was too great to allow the judge's decision to stand. The adoption would be set aside and the case remitted for retrial.

Comment

It is assumed that this appeal, the delay and cost of a retrial and the further anxiety for both M and the adopters would not have arisen if M had been represented.

Alexandra Conroy Harris, BAAF's Legal Consultant, prepared these notes