Revoking a Freeing Order

In Re J (a Minor) (Adoption: Freeing Order) (FD WLR 26 May)

A care order in respect of J, now aged eight, was on the basis of a care plan for him to be placed for adoption. Subsequently a freeing order for adoption was made under s18 of the Adoption Act 1976. However, since then J had become settled in a foster placement and it was now intended that he should remain there on a long-term basis without being adopted. Although once the requisite 12-month period from the making of the order had elapsed entitling the mother to apply to revoke the freeing order she was highly unlikely to do so and she was not seeking to have J returned to her care. Accordingly the local authority had applied for revocation of the order even though pursuant to s20 of the Act only the mother could make such an application. The court held it was open to it in the exercise of its inherent jurisdiction to revoke the freeing order where that would be in the best interests of the child and it was not appropriate or realistic for an application to be made under s20.