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Family proceedings – Orders in family proceedings. The mother's application, pursuant to s 24(2)(a) of the Adoption and Children Act 2002, for leave to apply for the revocation of a placement order made in respect of her son was refused. The judge held that the first stage of the test, namely, a sufficient change of circumstances, had not been met and, consequently, did not go on to consider whether to exercise her discretion. The Court of Appeal, Civil Division, in allowing the mother's appeal, held, inter alia, that the judge would have been incapable of forming a valid judgment about the change in the mother's circumstances without making findings on the disputed facts before her, and had set the bar too high at the first stage of the test.
Family proceedings – Orders in family proceedings. The mother's application, pursuant to s 24(2)(a) of the Adoption and Children Act 2002, for leave to apply for the revocation of a placement order made in respect of her son was refused. The judge held that the first stage of the test, namely, a sufficient change of circumstances, had not been met and, consequently, did not go on to consider whether to exercise her discretion. The Court of Appeal, Civil Division, in allowing the mother's appeal, held, inter alia, that the judge would have been incapable of forming a valid judgment about the change in the mother's circumstances without making findings on the disputed facts before her, and had set the bar too high at the first stage of the test.
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