The Public and Third Sector Law Reports
[2012] PTSR 835
Court of Appeal
Coventry City Council v O and others
[2011] EWCA Civ 729
2011 April 18;
June 22
Lord Neuberger of Abbotsbury MR, Lord Wilson JSC, Dame Janet Smith
Adoption— Arrangements for adoption— Placement order— Local authority obtaining placement orders with view to children’s adoption— Children living with foster parents pending adoption by prospective adopters— Foster parents serving notice of intention to apply for adoption orders on day before planned removal of children to prospective adopters’ home— Whether county court judge having jurisdiction to grant injunction restraining local authority from removing children until adoption application made— Source of jurisdiction— Principles applicable in exercise of jurisdiction— Whether injunction to be granted—
Senior Courts Act 1981 (c 54), s 37
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County Courts Act 1984 (c 28), s 38
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Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8
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Adoption and Children Act 2002 (c 38), ss 21(1), 38
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Family Procedure (Adoption) Rules 2005 (SI 2005/2795), rr 118, 119
Adoption— Placement order— Revocation— Local authority obtaining placement orders with view to children’s adoption— Children living with foster parents pending adoption by prospective adopters— Introductory meetings taking place between children and prospective adopters in days prior to planned removal— Whether children “placed for adoption”— Whether foster parents precluded from applying to revoke placement order—
Adoption and Children Act 2002 (c 38), s 24(2)(b)