Prospective Adopters v A Local Authority & Ors [2025] EWFC 362 (B) (17 April 2025)

Prospective Adopters v A Local Authority & Ors [2025] EWFC 362 (B) (17 April 2025)

The welfare of the children throughout their lives is the paramount consideration. Despite the birth mother's significant progress and reduced risk factors, the evidence demonstrates that the children have particular needs for stability and permanence due to their traumatic early experiences. The risk of emotional harm from disrupting their settled placement with the prospective adopters outweighs the benefits of a return to the birth mother at this stage. The court is satisfied that the welfare of the children requires dispensing with the birth mother's consent to adoption, as nothing short of adoption will do to secure their welfare.

Citation
[2025] EWFC 362 (B)
Parties
Applicants: Prospective Adopters; First Respondent: A Local Authority; Second Respondent: Birth Mother; Third and Fourth Respondents: Children (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Adoption Application / Final Hearing and Judgment
Outcome
Adoption order granted; parental consent of the birth mother dispensed with under section 52(1)(b) of the Adoption and Children Act 2002.
Legal Topics
Adoption, Dispensing With Parental Consent, Welfare of the Child, Contact Arrangements, Proportionality and Necessity, Parental Responsibility
Family Law Child Law Adoption Dispensing With Parental Consent Welfare of the Child Contact Arrangements Proportionality and Necessity Parental Responsibility

Case Brief

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Parties

Prospective Adopters

Applicants

A Local Authority

First Respondent

Birth Mother

Second Respondent

Children (by their Children's Guardian)

Third and Fourth Respondents

Procedural Posture

Adoption Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to make an adoption order for two children in favour of the prospective adopters
  2. 2 Whether parental consent of the birth mother should be dispensed with under section 52(1)(b) of the Adoption and Children Act 2002
  3. 3 Whether the welfare of the children requires adoption as opposed to a return to the birth mother

Ratio Decidendi

The welfare of the children throughout their lives is the paramount consideration. Despite the birth mother's significant progress and reduced risk factors, the evidence demonstrates that the children have particular needs for stability and permanence due to their traumatic early experiences. The risk of emotional harm from disrupting their settled placement with the prospective adopters outweighs the benefits of a return to the birth mother at this stage. The court is satisfied that the welfare of the children requires dispensing with the birth mother's consent to adoption, as nothing short of adoption will do to secure their welfare.

Court Disposition

Adoption order granted; parental consent of the birth mother dispensed with under section 52(1)(b) of the Adoption and Children Act 2002.

Orders

  • Adoption order made in favour of the prospective adopters for both children
  • Parental consent of the birth mother dispensed with