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In the case of A Local Authority v LD and RD [2023] EWHC 1258 (Fam), Mr Justice Mostyn held that 25% is the requisite degree of likelihood to satisfy a court 'there is reason to believe that P lacks capacity' for the purpose of an interim order pursuant to s 48(a) Mental Capacity Act 2005.
The making of an adoption order changes a child's family law status and legal identity forever, and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation.