Key Facts
- •Prospective adopters (the As) were not given notice of a hearing concerning their adoption application.
- •The court refused Mr. A's request to attend the hearing, either in person or remotely.
- •The court also refused Mr. A's request for a transcript of the hearing.
- •The adoption application was adjourned, and the As were not informed of the reasons.
- •The final adoption order was made without the As' knowledge of the proceedings.
- •The court's usual practice was to advise adopters that they did not need to attend hearings.
Legal Principles
Applicants in adoption proceedings are parties to the proceedings and have a right to attend hearings.
Family Procedure Rules 2010 (FPR 2010), Part 14, r 14.3, r 14.15, r 14.16
The court cannot prohibit an applicant from attending a hearing, although it can direct that attendance is not required.
FPR 2010, r 14.16(7)
A party to proceedings may require a transcript of the recording of any hearing unless the court directs otherwise.
FPR 2010, r 27.9(3)+(4)
The court’s discretion to refuse a transcript request should be exercised judicially and on reasonable grounds.
FPR 2010, r 27.9(3)+(4)
Adequate notes of hearings must be taken by legal representatives.
Hertsmere Borough Council v Harty [2001] EWCA Civ 1238
Outcomes
The appeal was allowed.
The court erred in failing to give the applicants notice of the hearing, prohibiting their attendance, refusing a transcript without good reason, and failing to communicate with them effectively.