Monday, January 21, 2013

A City Council v DC & Ors: Dealing with Statutory Orphans

Mrs. Justice Eleanor King
Just a quick heads-up for a case reported today on Bailii. A City Council v DC & Ors [2013] EWHC 8 (Fam) concerned a 'Statutory Orphan', i.e. a child in relation to whom a care order was made, followed by an order declaring him free for adoption, but in respect of whom some years later he had not been adopted. The local authority therefore applied for the revocation of the freeing order.

In her judgment Mrs Justice Eleanor King set out procedural guidance for dealing with such applications, which was approved by the Acting President Mr Justice Holman. The guidance actually covers not just issuing the application but also the effect of revoking the freeing order, and what directions should then be made.

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