A Local Authority v B (Mother) & Anor

A Local Authority v B (Mother) & Anor

The balance of factors, including the considered wishes of both parents, the lack of realistic family carers, the significant psychological and emotional impact on the mother and her family, and the absence of established family life for the child, justified maintaining confidentiality and not notifying the wider families.

Parties
Applicant: A Local Authority; Respondent 1: B (Mother); Respondent 2: CC (Child) by her Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
02 March 2023
Procedural Posture
Family / Judgment on Application for Notification of Wider Family in Adoption Proceedings
Outcome
Application granted; wider families not to be notified.
Legal Topics
Adoption, Notification of Relatives, Inherent Jurisdiction, Article 8 ECHR, Parental Responsibility
Family Law Adoption Notification of Relatives Inherent Jurisdiction Article 8 ECHR Parental Responsibility

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Parties

A Local Authority

Applicant

B (Mother)

Respondent 1

CC (Child) by her Children’s Guardian

Respondent 2

Procedural Posture

Family / Judgment on Application for Notification of Wider Family in Adoption Proceedings

Legal Issues

  1. 1 Should the wider maternal and paternal family be notified of the child's birth and consulted on the plan for adoption?
  2. 2 Does the balance of Article 8 rights and the child's welfare require notification of the wider family?

Ratio Decidendi

The balance of factors, including the considered wishes of both parents, the lack of realistic family carers, the significant psychological and emotional impact on the mother and her family, and the absence of established family life for the child, justified maintaining confidentiality and not notifying the wider families.

Court Disposition

Application granted; wider families not to be notified.

Orders

  • The Local Authority is not to notify the wider maternal or paternal families about the birth of C or the plan for adoption.