Re P (a child) (adoption order: leave to oppose making of adoption order) [2007] EWCA Civ 616, [2007] All ER (D) 334 (Jun)
The Adoption and Children Act 2002 (ACA 2002), ss 1(1) and (7), apply only to decisions under ACA 2002 and do not include coming to a decision about granting leave in any other circumstances, including decisions about granting leave in proceedings under the Children Act 1989.
An application for leave to defend adoption proceedings under ACA 2002, s 47(5) involves a two-stage process: (i) the court has to be satisfied, on the facts of the case, that there has been a change in circumstances within s 47(7), and if there has been no change in circumstances, the application must fail; (ii) if there has been a change in circumstances, the court has a discretion to permit the parents to defend the adoption proceedings.
The decision whether or not to grant leave is governed by ACA 2002, s 1, and the paramount consideration for the court must be the child’s welfare throughout his life. When deciding either limb, the judge has a discretion whether or not to hear oral evidence.
It is not necessary for the judge to conduct a full welfare hearing unless the issues which arise for decision positively require one, or require oral evidence in one or more particular respects.
