BT & GT (Children : twins - adoption)

BT & GT (Children : twins - adoption)

Adoption orders in favour of separate prospective adopters for BT and GT are necessary and proportionate to secure their welfare best interests, permanence, and stability, despite severing their legal sibling relationship. The children cannot be moved without serious harm, and only adoption provides lifelong legal family ties. The admitted failings and breaches by the local authority justify damages but do not warrant a costs order against the authority.

Parties
1st Applicant: A and B; 2nd Applicant: C; 1st Respondent: Herefordshire District Council; 2nd and 3rd Respondents: BT and GT (Children, through Guardian); 1st Intervenor: Local Authority A; 2nd Intervenor: GT's Adoption Agency; 3rd and 4th Intervenors: F and E (through Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
29 November 2018
Procedural Posture
Adoption / Final Judgment
Outcome
Adoption orders granted for BT (to A and B) and GT (to C); contact order made; damages approved for HRA breaches; costs application refused.
Legal Topics
Adoption, Child Welfare, Sibling Separation, Care Orders, Human Rights Act Claims, Local Authority Failings
Family Law Human Rights Adoption Child Welfare Sibling Separation Care Orders Human Rights Act Claims Local Authority Failings

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Parties

A and B

1st Applicant

C

2nd Applicant

Herefordshire District Council

1st Respondent

BT and GT (Children, through Guardian)

2nd and 3rd Respondents

Local Authority A

1st Intervenor

GT's Adoption Agency

2nd Intervenor

F and E (through Official Solicitor)

3rd and 4th Intervenors

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Is it in the welfare best interests of twins BT and GT to be adopted separately?
  2. 2 Should adoption orders or special guardianship orders be made?
  3. 3 Were the actions of the local authority lawful and proportionate under the Human Rights Act?

Ratio Decidendi

Adoption orders in favour of separate prospective adopters for BT and GT are necessary and proportionate to secure their welfare best interests, permanence, and stability, despite severing their legal sibling relationship. The children cannot be moved without serious harm, and only adoption provides lifelong legal family ties. The admitted failings and breaches by the local authority justify damages but do not warrant a costs order against the authority.

Court Disposition

Adoption orders granted for BT (to A and B) and GT (to C); contact order made; damages approved for HRA breaches; costs application refused.

Orders

  • Adoption order for BT in favour of A and B
  • Adoption order for GT in favour of C