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Judicial review of adoption procedures would serve no useful purpose

By: Shane Kiely BL

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High Court refuses to grant declaratory relief by way of judicial review concerning the fostering and adoption of a child, on the grounds that the proceedings had been issued outside of the appropriate time limit, and that any retrospective declaration would serve no useful purpose.

Child the subject of the proceedings was born premature and suffers serious health issues - child remained in the care of their foster mother for approximately thirteen months before being placed with prospective adoptive parents in April 2018 - judicial review proceedings are taken by the child’s former foster mother - foster mother alleges that the procedures leading up to the termination of the foster arrangement with her, and the transfer of the child to the care of the prospective adoptive parents, were not in accordance with law - foster mother not seeking return of child to her care - the parties are now all agreed that it is in the best interests of the child that they remain in the care of their prospective adoptive parents - it was submitted that the court should make some sort of declaration to the effect that there was a (historic) failure to have regard to the child’s best interests in March and April 2018 - proceedings statute barred - foster mother had benefit of legal advice during and before the proceedings - no benefit to look back to events in March and April 2018 as this would be a detriment to the child - judicial review refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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