G (Adoption; Notice Under s35 ACA 2002; Revocation of Placement Order) [2021] EWFC 93 (25 October 2021)

G (Adoption; Notice Under s35 ACA 2002; Revocation of Placement Order) [2021] EWFC 93 (25 October 2021)

The court held that the local authority's notice under s 35(2) ACA 2002 did not terminate M's placement for adoption because an adoption application had already been made and the court had not ordered the child's return. The requirements for adoption were met, including the 'home with' requirement, given the integrated relationship and arrangements. M's welfare would be best served by an adoption order. G's placement order was revoked as adoption was not in her welfare interests, and her needs would be better met under a care order. A structured sibling contact plan was agreed, making a formal contact order unnecessary.

Citation
[2021] EWFC 93
Parties
Applicants: Mr & Mrs A; 1st Respondent: Ms X; 2nd Respondent: Mr Y; 3rd Respondent: Sheffield City Council; 4th Respondent: M (by her Children's Guardian Pat Benavithis); 5th Respondent: G (by her Children's Guardian Nicola Toomes)
Jurisdiction
England and Wales
Judgment Date
25 October 2021
Procedural Posture
Family Court Adoption and Placement Order Proceedings / Final Judgment After Full Hearing
Outcome
Adoption order granted for M to Mr & Mrs A; placement order for G revoked; no contact order made under s 51A ACA 2002; structured sibling contact plan approved.
Legal Topics
Adoption, Revocation of Placement Order, Sibling Contact, Child Welfare, Care Orders
Family Law Child Law Adoption Revocation of Placement Order Sibling Contact Child Welfare Care Orders

Case Brief

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Parties

Mr & Mrs A

Applicants

Ms X

1st Respondent

Mr Y

2nd Respondent

Sheffield City Council

3rd Respondent

M (by her Children's Guardian Pat Benavithis)

4th Respondent

G (by her Children's Guardian Nicola Toomes)

5th Respondent

Procedural Posture

Family Court Adoption and Placement Order Proceedings / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether to grant an adoption order for M to Mr & Mrs A
  2. 2 Whether to revoke the placement order for G
  3. 3 Whether a contact order under s 51A ACA 2002 should be made for sibling contact

Ratio Decidendi

The court held that the local authority's notice under s 35(2) ACA 2002 did not terminate M's placement for adoption because an adoption application had already been made and the court had not ordered the child's return. The requirements for adoption were met, including the 'home with' requirement, given the integrated relationship and arrangements. M's welfare would be best served by an adoption order. G's placement order was revoked as adoption was not in her welfare interests, and her needs would be better met under a care order. A structured sibling contact plan was agreed, making a formal contact order unnecessary.

Court Disposition

Adoption order granted for M to Mr & Mrs A; placement order for G revoked; no contact order made under s 51A ACA 2002; structured sibling contact plan approved.

Orders

  • Adoption order in favour of Mr & Mrs A in relation to M
  • Revocation of placement order in relation to G