A & Anor. v B & Anor.

A & Anor. v B & Anor.

The court found that B's welfare required the making of an adoption order, that the mother lacked capacity to consent, and that her consent could be dispensed with under section 52 of the Adoption and Children Act 2002. The adoption was overwhelmingly in B's best interests, providing her with security, stability, and a family unit, and further delay would risk significant harm to her welfare.

Parties
1st Applicant: A; 2nd Applicant: C; 1st Respondent (child, Through Guardian): B; Children’s Guardian: Helen Ashton; 2nd Respondent: A District Council
Jurisdiction
England and Wales
Judgment Date
23 November 2022
Procedural Posture
Adoption (convention Adoption Order) / Final Judgment
Outcome
Adoption order granted; mother's consent dispensed with due to lack of capacity.
Legal Topics
Adoption, Hague Convention 1993, Parental Responsibility, Consent to Adoption, Mental Capacity, Welfare of the Child
Family Law International Law Adoption Hague Convention 1993 Parental Responsibility Consent to Adoption Mental Capacity Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

A

1st Applicant

C

2nd Applicant

B

1st Respondent (child, Through Guardian)

Helen Ashton

Children’s Guardian

A District Council

2nd Respondent

Procedural Posture

Adoption (convention Adoption Order) / Final Judgment

Legal Issues

  1. 1 Whether to grant a Convention Adoption Order for B under the 1993 Hague Convention and UK law
  2. 2 Whether the mother has parental responsibility and if her consent is required or can be dispensed with
  3. 3 Whether the welfare of B requires the making of an adoption order

Ratio Decidendi

The court found that B's welfare required the making of an adoption order, that the mother lacked capacity to consent, and that her consent could be dispensed with under section 52 of the Adoption and Children Act 2002. The adoption was overwhelmingly in B's best interests, providing her with security, stability, and a family unit, and further delay would risk significant harm to her welfare.

Court Disposition

Adoption order granted; mother's consent dispensed with due to lack of capacity.

Orders

  • Mother removed as a party to proceedings under Rule 14.3(3)(b) FPR 2010
  • Adoption order made in favour of the applicants