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View from the Foot of the Tower: Largely illusory – leave to oppose adoption

Date:3 FEB 2015
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Care Lawyer
It is easy to forget 18 months on that Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146  [2014] 1 FLR 1035 was fundamentally a case dealing with an appeal from a judge’s refusal to grant a mother leave to oppose an adoption application.

Within the judgment the Court of Appeal stressed that in making a provision within the Adoption and Children Act 2002 that a parent could seek leave to oppose an adoption application if their circumstances had changed Parliament had intended this to be a meaningful remedy.

The case law as it had developed prior to Re B-S was moving away from that and setting the bar at such a level that no parent could in practice hope to clear it. (Reverting in practice back to the old days of the Adoption Act 1976 where parental...

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