Re H (Parents with Learning Difficulties: Risk of Harm)
[2023] EWCA Civ 59
D-S (A Child: Adoption or Fostering), Re
7 August 2024
[2024] EWCA Civ 948
Court of Appeal
A baby girl's parents can't care for her, so the court needs to decide if she should be adopted or go into long-term foster care. A judge chose fostering, but a higher court said the judge didn't properly consider adoption's benefits. The higher court decided adoption is best for the baby's future, even though it's sad for the family.
Key Facts
- •An 11-month-old girl, C, was the subject of care proceedings.
- •C's parents have learning difficulties and are unable to provide adequate care.
- •The local authority sought a placement order for C's adoption.
- •The judge refused the placement order, opting for long-term fostering.
- •The local authority appealed the decision.
Legal Principles
Adoption should only be considered as a last resort when nothing else will do.
Re B [2013] UKSC 33; Re P (a child) [2013] EWCA Civ 963; Re G (a child) [2013] EWCA Civ 965
Long-term foster care is an extraordinarily precarious legal framework, not providing the same legal security, commitment, and sense of belonging as adoption.
Re LRP [2013] EWHC 3974 (Fam)
A child's sense of belonging is a critical factor in determining the best care plan.
F-S (A child: Placement Order) [2021] EWCA Civ 1212
The court must conduct a full analysis of the pros and cons of rival orders, considering all options holistically.
Sections 47 and 52 of the Adoption and Children Act 2002
The 'nothing else will do' test is a proportionality check, not a substitute for a proper welfare evaluation.
Re W (Adoption: Approach to Long-Term Welfare) [2016] EWCA Civ 793
Outcomes
The appeal was allowed.
The judge failed to conduct a proper welfare assessment, giving insufficient weight to the advantages of adoption and the disadvantages of long-term fostering. He also considered irrelevant factors and mischaracterized the professional assessments.
The judge's decision refusing the placement order was set aside.
The court found that there was only one plan that would work for C: adoption.
A placement order for C's adoption was made.
Adoption was deemed the only way to meet C's need for a lifelong family and provide her with the stability and security she requires.
No contact order was made.
A contact order was deemed potentially detrimental to finding adoptive parents.