C and D, Children

[1] The identities of the parties have been anonymised in order to protect the interests of the children to whom this judgment relates. Nothing must be published or reported which allows those children or any related or interested adults to be identified in any way.

[2] The relevant appearances at this stage of the hearing were as follows. The birth mother was represented by Ms Noelle McGrenera QC with Ms Grainne Brady. The relevant Trust was represented by Moira Smyth QC with Ms Joanne Hannigan. The Department of Health, Social Services and Public Safety was represented by Mr Steven McQuitty and there was a written submission from the Attorney General for Northern Ireland. I am grateful to all counsel and solicitors for the way in which this initial stage of the proceedings was conducted.

[3] This is an appeal from a decision of the Recorder of Belfast dated 25 June 2015. He had been asked by the mother of two children to exercise his powers under Article 20 of the Adoption (Northern Ireland) Order 1987 ("the 1987 Order") to revoke freeing orders in respect of those children. Article 20 provides as follows:

[4] In the present case the Recorder dismissed the application on the basis that while more than 12 months had passed since the freeing orders were made the children were placed, and had been placed for some time, with a couple for adoption. Accordingly he held that he did not have jurisdiction to hear the application.

[5] The mother's appeal before me was developed on a broader basis than the case put before the Recorder. Among other submissions she relied on the inherent jurisdiction of the High Court. She further argued that if I was against her on the proper interpretation of the 1987 Order read in conjunction with Article 8(2) of the European Convention on Human Rights, and on inherent jurisdiction I should issue a notice to the Crown under Order 121 Rule 2 of the Rules of the Court of Judicature that this aspect of the 1987 Order is incompatible with the Human Rights Act.