- Applied — G and H (Leave to revoke placement order), Re 2023-07-06
“… to an application under s.47 of the 2002 Act for leave to oppose an adoption order, has been held to apply also in relation to applications under s.24: Re B-S [2013] EWCA Civ 1146, [2014] 1 FLR 1035.…”
- Cited — E (A Child) (Care and Placement Orders) 2023-06-27
“…hich other members of the Court agreed, Dame Siobhan Keegan cited from the judgment of Sir James Munby P in Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146, [2014] 1 WLR 563 adopting a passage from the judgment of McFarlane LJ (as he then was) in Re G (A Child) (Care Proceedings: Welfare Evaluation) [2013] EWCA Ci…”
- Cited — M (A Child: Leave to Oppose Adoption) 2023-04-18
“…court in Re P (A Child)(Adoption Proceedings) [2007] EWCA Civ 616, [2007] 1 WLR 2556, [2007] 2 FLR 1069 and Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146, [2014] 1 WLR 563, [2014] 1 FLR 1035. Those decisions make clear that the provision is intended to provide a real and meaningful remedy and that it should not …”
- Cited — Re C & Ors (Care Proceedings: Adequacy of Reasons) 2023-03-30
“…No or no proper analysis was undertaken pursuant to Re B-S (Children) [2013] EWCA Civ 1146.…”
- Cited — Re C & Ors (Care Proceedings: Adequacy of Reasons) 2023-03-30
“…nsequences of this approach to proportionality in a series of cases, of which Re P (A Child) [2013] EWCA Civ 963, Re G (A Child) [2013] EWCA Civ 965 and Re B-S [2013] EWCA Civ 1146 were the most prominent. In Re G, McFarlane LJ observed:…”
- Cited — Re H (Parents with Learning Difficulties: Risk of Harm) 2023-02-02
“…[2013] EWCA Civ 1146 at paragraphs 28 to 29, Sir James Munby P cited Lord Neuberger’s words and observed:…”
- Cited — Re CV (A Child) (Placement Order) 2022-07-06
“…isions of this Court of which Re G (A Child) (Care Proceedings: Welfare Evaluation) [2013] EWCA Civ 965 and Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146 are the most frequently cited.…”
- Cited — B (A Child) (Adequacy of Reasons) 2022-03-25
“…[2013] EWCA Civ 1146 and…”
- Applied — A Mother v A London Borough 2022-03-10
“…n to an application under s.47 of the 2002 Act for leave to oppose an adoption order, has been held to apply also in relation to applications under s.24: Re B-S[2013] EWCA Civ 1146, [2014] 1 FLR 1035.…”
- Cited — A Mother v A London Borough 2022-03-10
“…lainly a finely balanced decision, and the judge, having reminded himself of the law including the decisions of this Court in Re G[2013] EWCA Civ 965 and Re B-S[2013] EWCA Civ 1146, set out the advantages and disadvantages of each option. He concluded:…”
- Applied — S (A Child) 2021-04-30
“…In Re B-S (Children) [2013] EWCA Civ 1146, Sir James Munby P generally endorsed the reasoning of the court in Re P (A Child) but also added the following further considerations which apply to the secon…”
- Cited — M (Special Guardianship Order: Leave To Apply To Discharge) (Rev 1) 2021-03-26
“…ken in a case under s. 14D (5). Likewise, echoing relevant elements of the guidance given in the adoption context in Re B-S (Adoption: Application of s. 47(5)) [2013] EWCA Civ 1146; [2014] 1 FLR 1035 at [74], the degree of any change in circumstances is likely to be intertwined with the prospects of success, and the greater the prospects …”
- Cited — C (Revocation of Placement Orders) 2020-11-27
“… the Court of Appeal addressed the approach to proportionality in adoption cases in a series of reported decisions, notably Re G [2013] EWCA Civ 965 and Re B-S [2013] EWCA Civ 1146. In Re G, McFarlane LJ (as he then was) observed:…”
- Cited — K (Children: Placement Orders), Re 2020-11-12
“…[2013] EWCA Civ 1146, [2014] 1 WLR 563.…”
- Cited — A Local Authority v Prospective Adopters 2020-10-07
“… principles set out in the earlier decisions of this court in Re P(Adoption: Leave Provisions) [2007] EWCA Civ 616 and Re B-S (Adoption:Application of s.47(5)) [2013] EWCA Civ 1146) which he recited in full. The judge added that he kept those principles firmly in mind in deciding the issues before him.…”
- Cited — LC (A Child - Placement Order) 2020-06-23
“…wing the decision of the Supreme Court in Re B, the Court of Appeal addressed the approach to proportionality in adoption in a series of cases, of which Re B-S [2013] EWCA Civ 1146 is the most prominent. In that case, the Court identified the fact that non-consensual adoption is unusual in the European context, that under ECtHR law family…”
- Cited — FL (A Child), Re 2020-01-22
“…e B (supra) and in particular the judgment of Lord Wilson at paragraphs 39 to 40 and 46, and the equally well-known decision of this court in Re B-S (Children) [2013] EWCA Civ 1146 and in particular the judgment of Sir James Munby P at paragraphs 30, 34 and 43 to 44. Mr Bain submitted that, in the light of the guidance given in those deci…”
- Cited — W (A Child: Leave To Oppose Adoption) 2020-01-21
“…ettled by the decisions of this court in Re P (Adoption: Leave Provisions) [2007] EWCA Civ 616; [2007] 2 FLR 1069 and Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146; [2014] 1 FLR 1035.…”
- Cited — J (Children), Re 2019-12-20
“…is of the available options. Alternatively, even if he had not undertaken what Mr Horne described as the “neat balancing of welfare factors described in Re B-S [2013] EWCA Civ 1146”, it was submitted that the decision would not be amenable to appeal where the court has clearly engaged with the long-term welfare decisions and addressed the…”
- Cited — E (Through Her Children's Guardian) & Anor v A Mother & Anor 2019-09-12
“…in Re B [2013] UKSC 33 and developed by this court in Re B-S [2013] EWCA Civ 1146 and the subsequent line of authorities, that adoption is the option of last resort in children’s cases, and that, when the court is being asked to approve a ca…”
- Followed — R-B (A Child) 2019-07-02
“…wo essential requirements has been stressed repeatedly by this court in a line of authorities starting with Re B-S (Children) (Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146; [2014] 1 WLR 563. That line of authorities followed the decision of the Supreme Court in Re B (Care Proceedings: Special Criteria) [2013] UKSC 37; [2013] 1 WL…”
- Cited — LR v A Local Authority & Ors 2019-01-31
“… of undertaking a rigorous analysis of all realistic options for a child. They cite in particular the decisions in Re B-S(Children) (Adoption: Leave to Oppose) [2013] EWCA Civ 1146 [2014] 1 FLR 1035, Re G (Care Proceedings: Welfare Evaluation) [2014] EWCA Civ 965 [2014] 1 FLR 670 and Re M’P-P (Children) (Adoption: Status Quo) [2015] EWCA …”
- Cited — S (A Child), Re 2018-08-08
“…ecision of the Supreme Court in Re B [2013] UKSC 33 and the series of cases decided in the Court of Appeal in 2013 leading to the decision in Re B-S (Children) [2013] EWCA Civ 1146 have changed the landscape for decision-making about children who are the subject of care proceedings. It is now clear, in the words of Baroness Hale of Richmo…”
- Cited — Re DAM (Children) 2018-03-08
“…ome judgments will be given at the time and others will be reserved. What is necessary in every case is that the judgment should be adequately reasoned: Re B-S [2013] EWCA Civ 1146 at [46]. That is a matter of substance, not of structure or form: Re R [2014] EWCA Civ 1625 at [18].The judgment must enable the reader, and above all the fami…”
- Cited — Re DAM (Children) 2018-03-08
“…The term “realistic options”, deriving from cases such as Re B-S [2013] EWCA Civ 1146, ensures that time is not wasted on outcomes that are merely theoretical, so that attention can be focused on the genuine possibilities. In this case, the real…”
- Cited — B (A Child) (care proceedings) 2018-01-17
“…ns of the Children Act 1989 and the Adoption and Children Act 2002 and to the judgments of the Supreme Court in Re B [2013] UKSC 33 and of this court in Re B-S [2013] EWCA Civ 1146, Re R [2016] EWCA Civ 1625 and Re W [2016] EWCA Civ 793. She also recognised that Article 8 was engaged, acknowledging the application of the principle of prop…”