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Re B (children) (adoption)

Case date: 22 June 2011



Introduction
The Court of Appeal, Civil Division, considered whether the judge had had jurisdiction to grant an injunction preventing the removal of the children from their foster parents in order to allow them to make a valid application for adoption and the meaning of being “placed” for adoption under the Adoption and Children Act 2002.

Details of the case

The proceedings concerned two young children who had lived with foster parents since they were babies.

The local authority put in plans for the children to be adopted and subsequently approved a match for the children with the prospective adopters.

It was agreed that a programme of introduction should take place, which involved the adopters taking the children home for the day, doing the same on a separate day for a bit longer and then finally taking them to live with them.

Shortly before that was to take place, the foster parents made two sets of applications, namely for adoption orders in relation to both children and for revocation of the placement orders in relation to them.

The foster parents applied for an interim injunction to prevent the authority removing the children from them.

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