The Family Procedure (Adoption) Rules 2005

Requesting the court to dispense with the consent of any parent or guardian

27.—(1) The following paragraphs apply where the applicant wants to ask the court to dispense with the consent of any parent or guardian of a child to—

(a) the child being placed for adoption;

(b) the making of an adoption order except a Convention adoption order; or

(c) the making of a section 84 order.

(2) The applicant requesting the court to dispense with the consent must—

(a) give notice of the request in the application form or at any later stage by filing a written request setting out the reasons for the request; and

(b) file a statement of facts setting out a summary of the history of the case and any other facts to satisfy the court that—

(i) the parent or guardian cannot be found or is incapable of giving consent; or

(ii) the welfare of the child requires the consent to be dispensed with.

(3) If a serial number has been assigned to the applicant under rule 20, the statement of facts supplied under paragraph (2)(b) must be framed so that it does not disclose the identity of the applicant.

(4) On receipt of the notice of the request—

(a) a court officer will—

(i) inform the parent or guardian of the request; and

(ii) send a copy of the statement of facts filed in accordance with paragraph (2)(b) to—

(aa) the parent or guardian;

(bb) any children’s guardian, reporting officer or children and family reporter;

(cc) any local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given; and

(dd) any adoption agency which has placed the child for adoption; and

(b) if the applicant considers that the parent or guardian is incapable of giving consent, the court will consider whether to—

(i) appoint a litigation friend for the parent or guardian under rule 55(1); or

(ii) give directions for an application to be made under rule 55(3),

unless a litigation friend is already appointed for that parent or guardian.