IN & Anor v RL & Ors [2024] EWCC 27 (08 August 2024)

IN & Anor v RL & Ors [2024] EWCC 27 (08 August 2024)

The court found that W's welfare throughout his life did not require the making of an adoption order and that the Special Guardianship Order, coupled with a robust contact order and professional Life Story work, best promoted his welfare. Adoption would sever legal ties with his birth family, risk feelings of abandonment, and was not proportionate given the existing secure attachments and the unique circumstances of W's upbringing. The threshold for dispensing with parental consent was not met, as the SGO provided sufficient security and stability, and adoption would not add significant benefit but posed psychological risks.

Citation
[2024] EWCC 27
Parties
Applicants: IN & JN; 1st & 2nd Respondents: RL & DL; 3rd Respondent: The Local Authority; 4th Respondent: W (A child)
Jurisdiction
England and Wales
Judgment Date
08 August 2024
Procedural Posture
Family Adoption/special Guardianship / Final Judgment After Contested Hearing
Outcome
Adoption application dismissed; Special Guardianship Order to continue.
Legal Topics
Adoption, Special Guardianship Orders, Child Welfare, Parental Responsibility, Contact Orders
Family Law Child Law Adoption Special Guardianship Orders Child Welfare Parental Responsibility Contact Orders

Case Brief

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Parties

IN & JN

Applicants

RL & DL

1st & 2nd Respondents

The Local Authority

3rd Respondent

W (A child)

4th Respondent

Procedural Posture

Family Adoption/special Guardianship / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to grant an adoption order or maintain the Special Guardianship Order (SGO) for W
  2. 2 Whether the welfare of the child requires dispensing with parental consent for adoption
  3. 3 Proportionality of adoption versus SGO in the context of a 'gifted' child within an extended family

Ratio Decidendi

The court found that W's welfare throughout his life did not require the making of an adoption order and that the Special Guardianship Order, coupled with a robust contact order and professional Life Story work, best promoted his welfare. Adoption would sever legal ties with his birth family, risk feelings of abandonment, and was not proportionate given the existing secure attachments and the unique circumstances of W's upbringing. The threshold for dispensing with parental consent was not met, as the SGO provided sufficient security and stability, and adoption would not add significant benefit but posed psychological risks.

Court Disposition

Adoption application dismissed; Special Guardianship Order to continue.

Orders

  • Special Guardianship Order for W to remain with Applicants
  • Child Arrangements Order for monthly contact (5 hours) with birth family until W is 18