K (Child: Placement options: Concurrent planning), Re
[2024] EWFC 98 (B)
R and C (Adoption or Fostering), Re
30 October 2024
[2024] EWCA Civ 1302
Court of Appeal
Two young children needed new homes. A judge said no to adoption because it might stop contact with their older siblings. The higher court disagreed, saying that it can make sure the children see their siblings even after being adopted. They ruled that adoption was the best for the children's long-term well-being.
Key Facts
- •Appeal by a local authority against a judge's refusal to make placement orders for two young children (R and C).
- •Judge refused placement orders due to concerns about maintaining contact with older half-siblings.
- •Local authority's care plan included finding adopters willing to maintain sibling contact.
- •Case involves consideration of open adoption and the balance between permanency and sibling relationships.
- •Children are part of a sibling group of four, with the two older siblings in long-term foster care.
Legal Principles
Paramount consideration is the child's welfare throughout their life (s.1(2) Adoption and Children Act 2002).
Adoption and Children Act 2002, s.1(2)
Court, not local authority, determines ongoing contact between child and birth family in placement orders (s.26, s.27 Adoption and Children Act 2002).
Re P (Placement Order: Parental Consent) [2008] EWCA Civ 535
Adoption against parents' wishes is a last resort, only in exceptional circumstances (Re B [2013] UKSC 33).
Re B (Care Proceedings: Appeal) [2013] UKSC 33
Proportionality test requires robust analysis of advantages and disadvantages of all realistic options (Re G [2013] EWCA Civ 965, Re B-S [2013] EWCA Civ 1146).
Re G [2013] EWCA Civ 965, Re B-S [2013] EWCA Civ 1146
Imposing post-adoption contact on unwilling adopters is extremely unusual (Re R [2005] EWCA Civ 1128, Re B [2019] EWCA Civ 29).
Re R (Adoption: Contact) [2005] EWCA Civ 1128, Re B (A Child: Post-Adoption Contact) [2019] EWCA Civ 29
Court can shape contact arrangements at the placement order stage (s.26 Adoption and Children Act 2002) to ensure sibling contact.
Re P [2008] EWCA Civ 535
Outcomes
Appeal allowed.
Judge's refusal to make placement orders was based on a flawed understanding of the court's power to order contact under s.26 and the concept of open adoption. The court can set the template for future contact at the placement order stage.
Placement orders made for both children.
Adoption, with a s.26 order ensuring sibling contact, was deemed to best meet the children's welfare needs, providing greater permanence and security than long-term fostering.
Mother's consent to placement orders dispensed with.
Children's welfare requires it (s.52 Adoption and Children Act 2002).