Conclusion
65.These proceedings are now concluded and the Part 18 applications made by SCC will be dismissed. I have determined that, despite such procedural errors that may have occurred in the preparation of reports and other steps prior to the adoption agency decision maker deciding that an application for a placement for adoption order should be made, or that a child should be placed with specific adopters, any existing placement orders or existing adoption orders made by a court are fully valid, unless and until they are set aside or revoked by a subsequent court order.66.For the reasons that I have given, and in the absence of some very significant evidence as to a child’s health, which was not otherwise known to the court, it is unlikely that an application to revoke a placement order will be justified solely on the basis that the medical elements of the AAR 2005 had been breached. Where an adoption has taken place, the established authorities indicate that it will only be in wholly exceptional circumstances that an existing adoption order will be set aside. It is difficult, if not impossible, to contemplate circumstances relating to a child’s health, which were not known to the court when the adoption order was made, being of sufficient weight to meet that very high test.
- Approved Judgment
- Introduction
- Summary of conclusion
- The Legal Context
- “Requirement to obtain information about the child
- MATTERS TO BE INCLUDED IN THE CHILD'S HEALTH REPORT
- “21 Placement orders
- Dismissal of FPR 2010, Part 18 applications
- The validity of a placement order or an adoption order
- [2015] AC 1787
- Are existing placement or adoption orders vulnerable to challenge?
- On what basis may a placement order be set aside or revoked?
- [2008] EWCA 835
- I have reached the conclusion that the Recorder was wrong for the simple reason that
- Re P-B
- accurately states the law
- On what basis may an adoption order be set aside or revoked?
- “Is it open to this court in 2009 to set aside the adoption orders?
- simply make it impossible for this court to set aside the adoption orders even if, as Mr and Mrs Webster argue, they have suffered a serious injustice
- FPR 2010, Part 18
- Conclusion
- What needs to happen now?
