Court of Appeal Rules in Favor of Adoptive Applicants: Right to Attend Hearings and Access Transcripts Clarified

Citation: [2024] EWCA Civ 189
Judgment on

Introduction

The case of Re T (A Child) (Adoption Hearing: Involvement of Applicants) [2024] EWCA Civ 189 calls into attention the right of adoptive applicants to attend court hearings pertaining to their adoption application, the implications of denying such a right, and the requirements for providing transcripts of hearings. This appeal, adjudicated by the Court of Appeal (Civil Division), exposes procedural errors and clarifies the correct legal stance on key issues that arose.

Key Facts

Prospective adopters, identified as ‘the As’ in the summarised case, had their child placement under an adoption order, which prompted them to file an application for formal adoption. Despite being applicants and, by default, parties to the proceedings, they were not informed of the hearing date and were denied both attendance at the hearing, even remotely, and subsequent access to the hearing’s transcript. The adoptive applicants, appearing in person, brought an appeal before the Court of Appeal questioning the judge’s refusal to allow them to attend the hearing, the court’s failure to notify them of hearings, and the refusal to grant a transcript of the hearing.

The ruling clarifies several crucial legal principles:

  1. Right of Attendance at Hearings: The Family Procedure Rules 2010, rule 14.15 mandates that parties to adoption proceedings be notified of the hearing and, as rule 14.16 outlines, the applicant has the right to attend these hearings. The court cannot generally prohibit applicants from attending without specific justification.

  2. Remote Anonymity in Hearings: Where necessary, arrangements must be made to protect the identity of the applicants, allowing them to attend hearings anonymously, particularly important in serial number cases.

  3. Requirement of Transcript Provision: Family Procedure Rules 2010, rule 27.9 establishes that a party may request a transcript of the proceedings unless the court orders otherwise. Grounds for the court to deny such a request must be valid and specifically articulated.

  4. Obligation to Record Hearing Details: Derived from Hertsmere Borough Council v Harty [2001] EWCA Civ 1238, the necessity for a record of a hearing, even in the absence of a formal judgment, is critical.

The court also referred to Anwen v Central Bridging Ltd [2022] EWCA Civ 201, which recognizes the right to a transcript as inherent for a party that bears the cost.

Outcomes

The appeal was successful across all contested grounds: failure to notify the applicants, prohibiting them from attending the hearing, and refusing access to a transcript of the hearing. The Court of Appeal corrected the incorrect practices and provided guidance on how future cases should be handled, emphasizing the importance of applicant attendance and the obligatory provision of hearing transcripts to applicants who request them.

Conclusion

This case underscores the imperative nature of the applicant’s involvement in adoption proceedings and the right to full transparency of the process. It highlights procedural flaws in the Truro Family Court’s practices, which are likely recurrent among other courts. The ruling stipulates a clear set of steps to ensure future compliance with established protocols and affirms the principle that court procedures must not impede, but rather safeguard, the fundamental rights of parties within family law proceedings. Additionally, the Court proposed a review of existing guidance under the lens of newly available online technologies that facilitate remote attendance, reinforcing adaptability in the face of technological advancements.