A (A Child): Contested Adoption and Local Authority Conduct, Re
[2024] EWFC 192 (B)
C (Adoption – Procedural Irregularities), Re
26 April 2023
[2023] EWFC 70 (B)
Family Court
A little girl has lived with a loving foster family for five years. Because of mistakes made by social services, it took a long time to make it official. Even though her birth dad wants to stay involved, the judge decided it's best for her to be formally adopted by her foster family, with the foster family agreeing to send letters and occasional photos to the birth parents.
Key Facts
- •Complex adoption proceedings involving a child ('C') who has lived with prospective adopters for 5 years.
- •Initial adoption application was procedurally flawed, based on section 47(2) of the Adoption and Children Act 2002 instead of section 47(4), leading to multiple procedural irregularities.
- •Prospective adopters initially opposed any contact between C and her birth parents, despite the original care plan.
- •Procedural issues included incorrect notice to the Local Authority, failure to meet residency requirements (section 42), and flawed Annex A reports.
- •After multiple hearings and procedural corrections, a new adoption application was made.
- •Birth mother does not oppose the adoption but does not consent; birth father opposes adoption and seeks a special guardianship order and increased contact.
- •Child has chromosomal variant requiring special care.
- •The prospective adopters have agreed to annual letterbox contact and occasional photographs.
Legal Principles
Adoption orders are a 'very extreme thing, a last resort', only to be made when nothing else will do.
Re B-S [2013] EWCA Civ 1146
The court must make the least interventionist order compatible with the child's welfare.
Re B-S [2013] EWCA Civ 1146
Consent of a parent can be dispensed with only if the child's welfare requires it (a stringent test).
Re B-S [2013] EWCA Civ 1146; Re P [2008] EWCA Civ 535
The paramount consideration is the child's welfare throughout their life.
section 1(2) of the Adoption and Children Act 2002
Imposing contact on unwilling adopters is extremely unusual, even under section 51A of the 2002 Act.
Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29
When considering an application for a non-consensual adoption order, the court must consider the child's welfare in a long-term perspective.
Outcomes
Adoption order granted in favour of the prospective adopters.
The child's welfare requires adoption; no other order would provide the necessary long-term security and integration.
Consent of both parents dispensed with.
Child's welfare requires it.
Father's application for leave to apply for a contact order refused.
Significant risk of disruption and harm to the child; the adopters' strongly held beliefs must be respected.
Annual letterbox contact and occasional photographs agreed between the prospective adopters and birth parents.
Compromise reached after extensive litigation.