15 May 2008
Re F (a child) (placement order) [2008] EWCA Civ 439, [2008] All ER (D) 09 (May)
Section 24(5) of the Adoption and Children Act 2002—“where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court’s leave be placed for adoption under the order”—applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success. It does not apply to an application for leave to apply for the revocation of a placement order.
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