M (A Child: Adoption: Duty of Disclosure) [2026] EWCA Civ 568 (11 May 2026)

M (A Child: Adoption: Duty of Disclosure) [2026] EWCA Civ 568 (11 May 2026)

The adoption order was set aside because the prospective adopters failed to disclose material facts about their relationship and AM's association with a prisoner, amounting to a serious procedural irregularity and resulting in a fundamentally mistaken welfare analysis; the court would not have made the adoption order had the true facts been known.

Citation
[2026] EWCA Civ 568
Parties
Appellant Local Authority: Gateshead Metropolitan Borough Council (LA1); Respondent Adoptive Mother: Adoptive Mother (AM); Respondent Adoptive Father: Adoptive Father (AF); Respondent Child: T (A Child); Interested Party Local Authority: Northumberland County Council (LA2)
Jurisdiction
England and Wales
Judgment Date
11 May 2026
Procedural Posture
Appeal From Family Court Adoption Order / Court of Appeal Judgment
Outcome
Appeal allowed; adoption order set aside; adoption application dismissed
Legal Topics
Adoption, Duty of Disclosure, Parental Responsibility, Procedural Irregularity
Family Law Child Law Adoption Duty of Disclosure Parental Responsibility Procedural Irregularity

Case Brief

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Parties

Gateshead Metropolitan Borough Council (LA1)

Appellant Local Authority

Adoptive Mother (AM)

Respondent Adoptive Mother

Adoptive Father (AF)

Respondent Adoptive Father

T (A Child)

Respondent Child

Northumberland County Council (LA2)

Interested Party Local Authority

Procedural Posture

Appeal From Family Court Adoption Order / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to disclose material facts by prospective adopters amounts to a serious procedural irregularity justifying setting aside an adoption order
  2. 2 Whether the adoption order was made on a materially mistaken factual basis undermining welfare analysis under ACA 2002
  3. 3 Whether the court's discretion was exercised on incomplete and inaccurate evidence

Ratio Decidendi

The adoption order was set aside because the prospective adopters failed to disclose material facts about their relationship and AM's association with a prisoner, amounting to a serious procedural irregularity and resulting in a fundamentally mistaken welfare analysis; the court would not have made the adoption order had the true facts been known.

Court Disposition

Appeal allowed; adoption order set aside; adoption application dismissed

Orders

  • T ceases to be a member of his adoptive family and reverts to birth family
  • AM and AF no longer have parental responsibility for T