A (Children), Re

A (Children), Re

The court held that it is impermissible for a judge to impose conditions or stipulations on a placement for adoption order; the statutory scheme vests responsibility for matching children with adopters in the local authority, not the court. Since the judge's findings made adoption contingent on specific adopter attributes, and the court cannot control the local authority's choice, the test for dispensing with parental consent was not met and the placement orders must be set aside.

Parties
Appellant: A Local Authority; First Respondent: Mother of M and K; Second Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Appeal / Judgment on Appeal From Placement for Adoption and Care Orders
Outcome
Appeal allowed in part; cross-appeal allowed; placement for adoption orders set aside; care orders remain in force.
Legal Topics
Adoption, Care Orders, Placement Orders, Parental Consent, Judicial Powers, Contact Orders
Family Law Child Law Adoption Care Orders Placement Orders Parental Consent Judicial Powers Contact Orders

Case Brief

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Parties

A Local Authority

Appellant

Mother of M and K

First Respondent

Children's Guardian

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Placement for Adoption and Care Orders

Legal Issues

  1. 1 Whether the court can impose conditions or stipulations on a placement for adoption order under ACA 2002, s 21
  2. 2 Whether the judge's requirements regarding adopter attributes were lawful
  3. 3 Whether the court had jurisdiction to make the placement orders given the findings on the children's welfare

Ratio Decidendi

The court held that it is impermissible for a judge to impose conditions or stipulations on a placement for adoption order; the statutory scheme vests responsibility for matching children with adopters in the local authority, not the court. Since the judge's findings made adoption contingent on specific adopter attributes, and the court cannot control the local authority's choice, the test for dispensing with parental consent was not met and the placement orders must be set aside.

Court Disposition

Appeal allowed in part; cross-appeal allowed; placement for adoption orders set aside; care orders remain in force.

Orders

  • Recordings 2 and 3 (stipulations on adopter attributes) struck out from the placement orders.
  • Placement for adoption orders set aside.