BT & GT (Children : twins - adoption) [2018] EWFC 76 (29 November 2018)

BT & GT (Children : twins - adoption) [2018] EWFC 76 (29 November 2018)

Adoption orders for BT and GT in separate placements are required to secure their welfare, given their traumatic history, progress in current placements, and expert evidence that removal would cause further harm. The welfare of the children outweighs the preservation of their legal sibling relationship, and the failures of the local authority do not justify disrupting their current attachments. Parental consent is dispensed with as the welfare of the children requires it.

Citation
[2018] EWFC 76
Parties
1st Applicant: Prospective Adopters for BT; 2nd Applicant: Prospective Adopter for GT; 1st Respondent: County of Herefordshire District Council; 2nd and 3rd Respondents: BT and GT (Children represented through their Children's Guardian); 1st Intervenor: Local Authority A; 2nd Intervenor: GT's Adoption Agency; 3rd and 4th Intervenors: F and E (through their litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
29 November 2018
Procedural Posture
Adoption / Final Hearing and Judgment
Outcome
Adoption orders granted for BT and GT in favour of their respective prospective adopters; parental consent dispensed with.
Legal Topics
Adoption, Child Welfare, Sibling Separation, Local Authority Failings, Human Rights Act Breaches
Family Law Human Rights Adoption Child Welfare Sibling Separation Local Authority Failings Human Rights Act Breaches

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Parties

Prospective Adopters for BT

1st Applicant

Prospective Adopter for GT

2nd Applicant

County of Herefordshire District Council

1st Respondent

BT and GT (Children represented through their Children's Guardian)

2nd and 3rd Respondents

Local Authority A

1st Intervenor

GT's Adoption Agency

2nd Intervenor

F and E (through their litigation friend the Official Solicitor)

3rd and 4th Intervenors

Procedural Posture

Adoption / Final Hearing and Judgment

Legal Issues

  1. 1 Whether adoption orders should be made for BT and GT in separate placements
  2. 2 Whether the welfare of the children requires dispensing with parental consent
  3. 3 Whether the actions of the local authority breached the human rights of the children and prospective adopters

Ratio Decidendi

Adoption orders for BT and GT in separate placements are required to secure their welfare, given their traumatic history, progress in current placements, and expert evidence that removal would cause further harm. The welfare of the children outweighs the preservation of their legal sibling relationship, and the failures of the local authority do not justify disrupting their current attachments. Parental consent is dispensed with as the welfare of the children requires it.

Court Disposition

Adoption orders granted for BT and GT in favour of their respective prospective adopters; parental consent dispensed with.

Orders

  • Adoption orders for BT and GT in favour of A and B, and C respectively.
  • Contact order for ongoing direct and indirect sibling contact between BT and GT.