B and Another v Birmingham City Council and Others
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 2004 |
| Date | 28 April 2004 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Thorpe, Lord Justice Neuberger and Mr Justice Gage
Children - adoption - 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, D born on June 11, 1996 and T born on July 30, 1998. On December 2001 orders were made freeing all four for adoption by Judge Hamilton in Birmingham County Court.
In the course of his reserved judgment, the judge carefully chronicled the disgraceful behaviour of the parents and in concluding that the parents were unreasonably withholding their consent said that Mr and Mrs B had already made mayhem of the lives of their elder children and were likely to make mayhem of the lives of all their children if they were given the opportunity to do so.
The local authority contemplated a placement out of the jurisdiction but it was the local authority's proposal and intention to place all four children together.
Prospective adopters were found in another jurisdiction, Mr and Mrs A. On June 17, 2002 the adoption panel approved the placement of all four children out of the jurisdiction.
On July 3 the local authority wrote to Judge Hamilton's clerk asking for an urgent listing of an application under the Children Act 1989 for permission to place the children out of the jurisdiction.
Judge Hamilton perceived that the application...
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