R and E (Children), Re (Claim) (Rev 1) [2017] EWFC B22 (17 February 2017)

R and E (Children), Re (Claim) (Rev 1) [2017] EWFC B22 (17 February 2017)

The local authority acted in breach of section 28 of the Adoption and Children Act 2002 by permitting the children to be known by the surname of their prospective adopters before adoption orders were made, without the father's consent or leave of the court. However, the breach was technical, limited to informal use at the children's request, and did not result in any actionable loss or damage to the father or children. The statutory scheme does not provide for damages in these circumstances, and there was no breach of Articles 6 or 8 ECHR as the father had access to a procedure to challenge the change and the children's welfare was considered.

Citation
[2017] EWFC B22
Parties
Applicant/father: Mr M G; Respondent/local Authority: D Council
Jurisdiction
England and Wales
Judgment Date
17 February 2017
Procedural Posture
Family Law Claim for Damages / Judgment After Hearing of Claim for Damages
Outcome
Claim for damages dismissed
Legal Topics
Adoption, Change of Surname, Parental Responsibility, Damages, Article 6 ECHR, Article 8 ECHR
Family Law Human Rights Adoption Change of Surname Parental Responsibility Damages Article 6 ECHR Article 8 ECHR

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Parties

Mr M G

Applicant/father

D Council

Respondent/local Authority

Procedural Posture

Family Law Claim for Damages / Judgment After Hearing of Claim for Damages

Legal Issues

  1. 1 Whether the local authority acted unlawfully in causing children to be known by the surname of their prospective adopters before adoption orders were made, contrary to section 28 of the Adoption and Children Act 2002
  2. 2 Whether the father's and children's rights under Article 6 and Article 8 of the European Convention on Human Rights were breached
  3. 3 Whether the father is entitled to damages for the change of surname

Ratio Decidendi

The local authority acted in breach of section 28 of the Adoption and Children Act 2002 by permitting the children to be known by the surname of their prospective adopters before adoption orders were made, without the father's consent or leave of the court. However, the breach was technical, limited to informal use at the children's request, and did not result in any actionable loss or damage to the father or children. The statutory scheme does not provide for damages in these circumstances, and there was no breach of Articles 6 or 8 ECHR as the father had access to a procedure to challenge the change and the children's welfare was considered.

Court Disposition

Claim for damages dismissed

Orders

  • No damages awarded to the father or children
  • Anonymity of the children, family members, foster carers, adoptive parents, and local authority to be strictly preserved in any published judgment