S & H (Adoption or Long Term Foster Care), Re

S & H (Adoption or Long Term Foster Care), Re

Adoption is the only option that meets the lifelong welfare needs of S and H, providing permanence, stability, and security, outweighing the risks and disadvantages of long-term foster care. The evidence does not support rehabilitation to the mother within the children's timescales, and there are no guarantees the current foster carers could provide lifelong care. The welfare of the children requires dispensing with parental consent and making care and placement orders with a plan for adoption, with supported direct contact post-adoption.

Parties
Applicant: A Council; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd Respondent: S and H (by their children's Guardian)
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Care and Placement Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Contested Hearing
Outcome
Final care orders and placement orders made for S and H; parental consent dispensed with; plan for adoption approved; no contact order made but strong support for direct contact recited.
Legal Topics
Care Orders, Placement Orders, Adoption, Long Term Foster Care, Welfare of the Child, Parental Consent Dispensation, Contact Arrangements, Special Guardianship
Family Law Child Law Care Orders Placement Orders Adoption Long Term Foster Care Welfare of the Child Parental Consent Dispensation +2 more

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Parties

A Council

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

S and H (by their children's Guardian)

3rd Respondent

Procedural Posture

Care and Placement Proceedings Under the Children Act 1989 and Adoption and Children Act 2002 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to make care and placement orders with a plan for adoption or to approve long-term foster care for S and H
  2. 2 Whether the welfare of the children requires dispensing with parental consent to adoption
  3. 3 Whether the evidence supports adoption as necessary and proportionate given the children's circumstances

Ratio Decidendi

Adoption is the only option that meets the lifelong welfare needs of S and H, providing permanence, stability, and security, outweighing the risks and disadvantages of long-term foster care. The evidence does not support rehabilitation to the mother within the children's timescales, and there are no guarantees the current foster carers could provide lifelong care. The welfare of the children requires dispensing with parental consent and making care and placement orders with a plan for adoption, with supported direct contact post-adoption.

Court Disposition

Final care orders and placement orders made for S and H; parental consent dispensed with; plan for adoption approved; no contact order made but strong support for direct contact recited.

Orders

  • Final care orders for S and H
  • Dispensation with parental consent to adoption