[2015] EWHC 2080 (Fam).
29.This is a course of action that is supported by Ms Niamh Daly on behalf of the local authority. 30.I agree that it would be nonsensical to treat a failure to comply with a time limit in such a minor way as a bar to the application proceeding. The requirement in the statute must be read purposively, and the application can therefore go ahead. 31.In the Annexe A report prepared in this case there is limited information about the birth mother, but this is unsurprising in all the circumstances. The court bundle contains detailed documents from the mother’s criminal trial (and appeal) as well as documents from the family proceedings which means that the court can be confident about the history given by the applicants. The report prepared by the local authority is entirely positive and supports the making of the order.
- The Hon Mrs Justice Judd :
- Introduction
- Background
- The Statutory and Regulatory Framework
- The status of the birth mother
- [1999] 2 FLR 807
- [2000] 2 FLR 431
- Re AGN
- [1999] 2 FLR 418
- [2019] UKPC 40
- [2014] EWHC 1128
- [2021] EWCA Civ 512,
- [2020] EWCA Civ 41,
- Non-compliance with s44(3) Adoption and Children Act 2002
- [2015] EWHC 2080 (Fam).
- Decision
