W (Adoption- Reunification), Re

W (Adoption- Reunification), Re

The court found that the circumstances did not amount to the last resort or 'nothing else will do' for adoption. The presumption that children are best brought up within their birth family was not displaced. W's welfare throughout her life, including her sense of identity and belonging, would be best served by reunification with her father and siblings. The distress of transition could be ameliorated by professional support, and the risks of future breakdown in the adoptive placement outweighed short-term trauma. The adoption order was refused; W was to be returned to her birth family.

Parties
Applicants: Mr and Mrs A; 1st Respondent: Brighton & Hove City Council; 2nd Respondent: Father; 3rd Respondent: Mother; 4th Respondent: W (A Child)
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Adoption Application / Final Judgment After Appeal and Rehearing
Outcome
Adoption order refused; child to be reunited with birth family.
Legal Topics
Adoption, Child Welfare, Reunification, Parental Rights, Best Interests of the Child, Sibling Relationships, Threshold Criteria, Proportionality, European Convention on Human Rights, UN Convention on the Rights of the Child
Family Law Child Law Human Rights Adoption Child Welfare Reunification Parental Rights Best Interests of the Child +5 more

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Parties

Mr and Mrs A

Applicants

Brighton & Hove City Council

1st Respondent

Father

2nd Respondent

Mother

3rd Respondent

W (A Child)

4th Respondent

Procedural Posture

Adoption Application / Final Judgment After Appeal and Rehearing

Legal Issues

  1. 1 Whether W's welfare is best served by adoption or reunification with her birth family
  2. 2 Whether the threshold criteria for removal were properly met
  3. 3 Whether the adoption order is necessary as a last resort

Ratio Decidendi

The court found that the circumstances did not amount to the last resort or 'nothing else will do' for adoption. The presumption that children are best brought up within their birth family was not displaced. W's welfare throughout her life, including her sense of identity and belonging, would be best served by reunification with her father and siblings. The distress of transition could be ameliorated by professional support, and the risks of future breakdown in the adoptive placement outweighed short-term trauma. The adoption order was refused; W was to be returned to her birth family.

Court Disposition

Adoption order refused; child to be reunited with birth family.

Orders

  • W to be returned to the care of her father and siblings.
  • Local authority to fund independent social worker to oversee transition and provide support.