Re C (A Child)

Re C (A Child)

[2014] EWCA Civ 70 · Court of Appeal

What happened: The original judge refused a placement order for a child who had a close relationship with his older brother. The local authority appealed and obtained an order allowing placement for adoption. The parents were unrepresented at that hearing. The mother then challenged the resulting placement order in the Court of Appeal.

What the court decided: Her appeal succeeded. The Court of Appeal identified serious procedural irregularity and errors in the way the earlier appeal had been handled. Important documents and transcripts were missing from the appeal material, undermining the basis on which the original judge’s assessment had been overturned. The judgment also criticised inappropriate email exchanges with the original judge after his decision.

Why it matters to adoptees: The case shows how the quality and completeness of court records can affect a decision that changes a child’s family relationships for life. It also makes visible the difficulty of participating without representation when public bodies have lawyers. These defects mattered to the fairness of the process; the judgment does not establish that every unrepresented parent has a successful appeal or that a child must therefore return home.

Limitations: Successful challenge to a placement order, not revocation of a completed adoption. Subsequent long-term arrangements not established in this batch.