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Re T: Court of Appeal clarifies prospective adopters’ right to attend adoption hearings, obtain transcripts, and corrects 2018 Guidance; directions for serial number applications (England and Wales)

Published on: 10 April 2024

Published by a LexisNexis Family expert
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Re T (Adoption Hearing: Involvement of Applicants) [2024] EWCA Civ 189, [2024] All ER (D) 88 (Mar) What are the practical implications of this case?

This decision confirms that the ‘President’s Guidance: Listing Final Hearings in Adoption cases’ dated 10 April 2018 (the guidance) is incorrect at paragraph 19, which suggests that, where a direction says the applicant or the child need not attend the final hearing, the order and any hearing notice must expressly and clearly state that the applicant or the child should not attend the final hearing. The President of the Family Division, Sir Andrew McFarlane, asked Mrs Justice Judd, chair of the Public Law Working Group, to undertake a review of that guidance. In Re T (Adoption Hearing: Involvement of Applicants) [2024] EWCA Civ 189, [2024] All ER (D) 88 (Mar), McFarlane P provided practical direction on the particular steps to be taken by the court when managing a serial number adoption application, where the identities of the prospective adopters are to be kept confidential from the birth parents at all times...

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