W (A Child) [2016] EWCA Civ 793 (29 July 2016)

W (A Child) [2016] EWCA Civ 793 (29 July 2016)

The trial judge's welfare evaluation was fatally flawed due to inadequate and legally incorrect expert evidence, failure to properly assess the strength and consequences of the child's attachment to the prospective adopters, and insufficient balancing of the harm caused by disrupting established relationships. The judge did not properly apply the statutory checklist or the 'nothing else will do' principle, and failed to consider the full implications of the transition for the child. The appeal is allowed and the order is set aside.

Citation
[2016] EWCA Civ 793
Parties
Appellants (prospective Adopters): Mr and Mrs X; First Respondent (local Authority): North Tyneside Council; Second Respondents (special Guardianship Applicants): Paternal Grandparents; Respondent Child: A (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Appeal (family Law) / Court of Appeal Judgment on Appeal From High Court, Family Division
Outcome
Appeal allowed; order set aside; case remitted for rehearing.
Legal Topics
Adoption, Special Guardianship, Welfare of the Child, Human Rights, Attachment Theory, Care Orders
Family Law Child Law Adoption Special Guardianship Welfare of the Child Human Rights Attachment Theory Care Orders

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Parties

Mr and Mrs X

Appellants (prospective Adopters)

North Tyneside Council

First Respondent (local Authority)

Paternal Grandparents

Second Respondents (special Guardianship Applicants)

A (by Children's Guardian)

Respondent Child

Procedural Posture

Appeal (family Law) / Court of Appeal Judgment on Appeal From High Court, Family Division

Legal Issues

  1. 1 Approach to child's welfare after long-term settlement with prospective adopters when late family placement emerges
  2. 2 Application of 'nothing else will do' principle from Re B [2013] UKSC 33
  3. 3 Scope of 'relatives' under Adoption and Children Act 2002 s 1(4)(f)

Ratio Decidendi

The trial judge's welfare evaluation was fatally flawed due to inadequate and legally incorrect expert evidence, failure to properly assess the strength and consequences of the child's attachment to the prospective adopters, and insufficient balancing of the harm caused by disrupting established relationships. The judge did not properly apply the statutory checklist or the 'nothing else will do' principle, and failed to consider the full implications of the transition for the child. The appeal is allowed and the order is set aside.

Court Disposition

Appeal allowed; order set aside; case remitted for rehearing.

Orders

  • The order dismissing the adoption application and making a Special Guardianship Order in favour of the paternal grandparents is set aside.
  • The case is remitted for rehearing before a different judge.