A (A Child), Re (Contested Adoption and Local Authority Conduct) (Rev1) [2024] EWFC 192 (B) (11 July 2024)

A (A Child), Re (Contested Adoption and Local Authority Conduct) (Rev1) [2024] EWFC 192 (B) (11 July 2024)

The court found that the local authority's assessments and decision-making were fundamentally flawed, failing to properly weigh the welfare implications for A of removing her from her primary attachment figures (Mr and Ms X) and not adequately considering the statutory welfare checklist. The evidence established that A's welfare throughout her life required her to remain with Mr and Ms X, who have been her primary carers since birth and to whom she is securely attached. Severing these attachments would cause significant harm, and the threshold for non-consensual adoption was met. The court determined that nothing else would do to meet A's welfare needs but to grant the Adoption Order to...

Citation
[2024] EWFC 192 (B)
Parties
Applicant (placement Order Discharge): LB Lewisham; Mother: Ms R; Father: Mr Q; Adoption Applicants / Foster Carers: Mr and Ms X; Intervenor Local Authority: Z Council; Subject Child: A (the child)
Jurisdiction
England and Wales
Judgment Date
11 July 2024
Procedural Posture
Family / Adoption / Care Proceedings / Final Judgment on Contested Adoption and Placement Order Discharge
Outcome
Adoption Order granted to Mr and Ms X; Placement Order and Care Order discharged; contact order made for ongoing contact with birth family.
Legal Topics
Adoption, Care Orders, Placement Orders, Welfare of the Child, Parental Consent, Contact Orders, Local Authority Conduct
Family Law Child Law Adoption Care Orders Placement Orders Welfare of the Child Parental Consent Contact Orders +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

LB Lewisham

Applicant (placement Order Discharge)

Ms R

Mother

Mr Q

Father

Mr and Ms X

Adoption Applicants / Foster Carers

Z Council

Intervenor Local Authority

A (the child)

Subject Child

Procedural Posture

Family / Adoption / Care Proceedings / Final Judgment on Contested Adoption and Placement Order Discharge

Legal Issues

  1. 1 Whether to revoke the Placement Order for A
  2. 2 Whether to grant an Adoption Order to Mr and Ms X
  3. 3 Whether to dispense with parental consent for adoption

Ratio Decidendi

The court found that the local authority's assessments and decision-making were fundamentally flawed, failing to properly weigh the welfare implications for A of removing her from her primary attachment figures (Mr and Ms X) and not adequately considering the statutory welfare checklist. The evidence established that A's welfare throughout her life required her to remain with Mr and Ms X, who have been her primary carers since birth and to whom she is securely attached. Severing these attachments would cause significant harm, and the threshold for non-consensual adoption was met. The court determined that nothing else would do to meet A's welfare needs but to grant the Adoption Order to...

Court Disposition

Adoption Order granted to Mr and Ms X; Placement Order and Care Order discharged; contact order made for ongoing contact with birth family.

Orders

  • Adoption Order in favour of Mr and Ms X for A
  • Placement Order discharged