Court of Appeal

Published May 28, 2008

S-H v Kingston upon Hull City Council and Another

In order to decide whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the correct test to be applied by the court was whether, in all the circumstances, including the parents’ prospects of securing revocation and the child’s interests, leave should be given.

The Court of Appeal (Lord Justice Pill, Lord Justice Wilson and Mr Justice Charles) so held on May 14, 2008, when allowing the appeal by the mother, S-H, from the refusal by Judge Jack, sitting as a Family Division judge, of leave to the mother to apply to revoke a placement order made by him on October 3, 2007, in relation to her child, T, in proceedings brought by Hull City Council. The father, MC, the second respondent, supported the mother’s application.

LORD JUSTICE WILSON said that the judge, in asking whether the local authority was acting as a reasonable parent, had asked the wrong question.

Had he applied the correct test then he could have reached the only answer: that leave should be given.

In the instant case, the mother had a real prospect of success in securing revocation of the placement order since circumstances had changed since the date the order was made. At the present time, placement plans had been abandoned. The appeal would be allowed and leave would now be granted.

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