A (A Child): Contested Adoption and Local Authority Conduct, Re

A (A Child): Contested Adoption and Local Authority Conduct, Re

A's welfare throughout her life requires that she be adopted by Mr and Ms X, as the risks of emotional harm, trauma, and disrupted attachments from removal to her birth father are significant, long-term, and not outweighed by the benefits of placement with her birth family. The mitigating factors proposed by the Local Authority are inadequate. The consent of the birth parents is dispensed with as A's welfare requires it. Adoption by Mr and Ms X is the only proportionate and necessary order; nothing else will do.

Parties
Applicant/local Authority: LB Lewisham; Mother/respondent: Ms R; Father/respondent: Mr Q; Applicants/prospective Adopters: Mr and Ms X; Intervenor/local Authority: Z Council; Subject/child: The Child (A)
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Family/adoption and Placement / Final Judgment
Outcome
Adoption order granted to Mr and Ms X; Placement Order revoked; consent of birth parents dispensed with; contact order made; directions for Local Authority enquiry and review.
Legal Topics
Contested Adoption, Revocation of Placement Order, Child Welfare, Contact Orders, Local Authority Conduct
Family Law Child Law Adoption Law Contested Adoption Revocation of Placement Order Child Welfare Contact Orders Local Authority Conduct

Case Brief

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Parties

LB Lewisham

Applicant/local Authority

Ms R

Mother/respondent

Mr Q

Father/respondent

Mr and Ms X

Applicants/prospective Adopters

Z Council

Intervenor/local Authority

The Child (A)

Subject/child

Procedural Posture

Family/adoption and Placement / Final Judgment

Legal Issues

  1. 1 Whether to revoke the Placement Order for A and return her to her birth father or to grant a contested adoption order to her long-term foster carers (Mr and Ms X)
  2. 2 Whether the consent of the birth parents (Ms R and Mr Q) should be dispensed with under the Adoption and Children Act 2002
  3. 3 What contact arrangements are in A's best interests

Ratio Decidendi

A's welfare throughout her life requires that she be adopted by Mr and Ms X, as the risks of emotional harm, trauma, and disrupted attachments from removal to her birth father are significant, long-term, and not outweighed by the benefits of placement with her birth family. The mitigating factors proposed by the Local Authority are inadequate. The consent of the birth parents is dispensed with as A's welfare requires it. Adoption by Mr and Ms X is the only proportionate and necessary order; nothing else will do.

Court Disposition

Adoption order granted to Mr and Ms X; Placement Order revoked; consent of birth parents dispensed with; contact order made; directions for Local Authority enquiry and review.

Orders

  • Adoption order in favour of Mr and Ms X for A
  • Dispensing with consent of Ms R and Mr Q under s52 ACA 2002