B and Another v Birmingham City Council and Others

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
Judgment Date28 April 2004
Date28 April 2004

COURT OF APPEAL

Before Lord Justice Thorpe, Lord Justice Neuberger and Mr Justice Gage

B and Another
and
Birmingham City Council and Others

Children - adoption - revocation bid cannot rely on child placement law

Revocation bid cannot rely on child placement law

Where the natural parents of adopted children sought to revoke the adoption order, they could not rely on statutory provisions designed to ensure the placement for adoption was where the child had his home before the adoption order was made.

The Court of Appeal so held in a reserved judgment in dismissing an appeal brought by the natural parents, Mr and Mrs B, against the dismissal by Judge Roderick Wood, QC, sitting as a deputy Family Division judge on November 21, 2003 of their application for revocation of the adoption order in respect of two children, S and D, who had been placed outside the jurisdiction for adoption.

Mr Andrew McFarlane, QC and Miss Andreya Chatterjee for the mother; Mr Anthony Hayden, QC and Miss Lorraine Cavanagh for the father; Mr Roger McCarthy, QC and Miss Michelle Corbett for the local authority; Mr Michael Keenan, QC for the guardian ad litem; Mr Andrew Neave for Mr and Mrs A, the adoptive parents.

LORD JUSTICE THORPE said that care orders had been made in respect of four children of the parents: S born on December 31, 1992, C born on November 14, 1995...

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