The Legal Context
8.In the course of her judgment, Roberts J undertook the valuable task of setting out all of the relevant statutory provisions and guidance [paragraphs 22 to 33]. It is not, therefore, necessary in this judgment to do more than to focus upon the relevant requirements of the AAR 2005, set within a description of the overall decision making process that leads to a child being put forward by a local authority adoption agency for adoption.9.In Wales, regulation of adoption is devolved to Welsh Ministers. The governing regulations are the Adoption Agencies (Wales) Regulations 2005 (as amended by the Adoption Agencies (Wales) (Amendment) Regulations 2020). For present purposes the relevant Welsh regulations (regs 15 and 17) are effectively in like terms to their English counterparts. The court has not heard bespoke submissions as to the position in Wales, but this judgment proceeds on the basis that, with respect to the issues that have been raised, the requirements laid upon a local authority adoption agency are the same in England and in Wales. Without intending any disrespect, reference in this judgment to AAR 2005 is intended to include reference to AA(W)R 2005.10.ACA 2002, s 2(1) provides that a local authority, when providing adoption services, and any registered adoption society, may be referred to as ‘an adoption agency’. Under ACA 2002, ss 9 to 12, regulations may be made concerning the operation and management of adoption agencies. The current regulations are the AAR 2005, as amended.11.Where an adoption agency is considering adoption as the plan for a child it must comply with the requirements of AAR 2005, Part 3 [regs 11 to 17], which include the need to obtain information about the child under reg 15:
- 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?
