Commentary on Sections Part 1 - Adoption Chapter 3 - Placement for Adoption and Adoption Orders Section 21: Revoking placement orders
Section 21 makes provision for the revocation of placement orders. Subsection (1) provides that a court may, on the application of any person, revoke a placement order. A person, other than the child or the adoption authority authorised by the placement order to place the child for adoption, may only make such an application if the court has given leave to apply and the child is not yet placed for adoption by the adoption authority (subsection (2)). Leave cannot be given by the court unless it is satisfied that there has been change in circumstances since the order was made (subsection (3)).
Subsection (4) provides that a court may revoke a placement order if, at the final adoption order hearing, it decides not to make an adoption order in respect of the child. It may be that the court decides not to make the adoption order because it considers that the child should not be placed for adoption, in which case it may revoke the placement order. Alternatively, if the court considers that the child should still be placed for adoption with a view to being adopted at a future date, it may decide that the placement order shall continue.
Subsection (5) provides that where an application for a revocation of a placement order has been made and has not been disposed of and the child is not placed for adoption, the leave of the court is required before the child can be placed for adoption under the placement order.