Further to their appearance at first instance before Mrs Justice Lieven in March 2024, three members of the St Ives Public Law Children team have appeared in the Court of Appeal on 19th and 20th November 2024. Timothy Bowe KC and Mark Cooper-Hall represented the child, Y, and Elisabeth Richards (led by Andrew Norton KC, 1GC) represented the birth mother, BM.
In a landmark decision, the Court of Appeal ruled that there is no inherent jurisdiction to revoke adoption orders. Lieven J’s decision last year had led to conflicting High Court authorities on the issue, which the Court of Appeal has now resolved. In a judgment given jointly by the President of the Family Division – Sir Andrew McFarlane, Lord Justice Peter Jackson and Lord Justice Phillips, the adoptive mother’s appeal against Lieven J’s decision was dismissed, despite being supported by all parties and the Secretary of State for Education. Moreover, their Lordships took the rare step of saying that previous High Court decisions on this issue had been wrongly decided.
Jordan Warren will soon be publishing an article about the judgment, so watch this space. In the meantime, click here to read the judgment.
