A Local Authority v M & Ors

A Local Authority v M & Ors

The court held that there were no compelling reasons to prevent notification of the extended family, as the evidence did not establish irreparable family estrangement or significant harm from notification. The balance of interests, including the likelihood that the child's existence would become known and the importance of fairness to the extended family, tipped in favour of granting permission for notification, subject to a short period for the parents to inform family members themselves.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: The Child (by their children’s guardian)
Jurisdiction
England and Wales
Judgment Date
21 May 2025
Procedural Posture
Family / Judgment on Application for Permission to Notify Extended Family of Child's Birth
Outcome
Application granted
Legal Topics
Adoption, Notification of Relatives, Parental Responsibility, Article 8 ECHR, Confidentiality in Adoption
Family Law Child Law Adoption Notification of Relatives Parental Responsibility Article 8 ECHR Confidentiality in Adoption

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Parties

A Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

The Child (by their children’s guardian)

3rd Respondent

Procedural Posture

Family / Judgment on Application for Permission to Notify Extended Family of Child's Birth

Legal Issues

  1. 1 Whether the local authority should be permitted to notify the extended family of the child's birth and potential adoption against the wishes of both parents.
  2. 2 How to balance the parents' right to privacy with the interests of the child and extended family in the context of adoption.

Ratio Decidendi

The court held that there were no compelling reasons to prevent notification of the extended family, as the evidence did not establish irreparable family estrangement or significant harm from notification. The balance of interests, including the likelihood that the child's existence would become known and the importance of fairness to the extended family, tipped in favour of granting permission for notification, subject to a short period for the parents to inform family members themselves.

Court Disposition

Application granted

Orders

  • The local authority is granted permission to notify the extended family of the birth of D and the adoption proceedings.
  • The parents are given up to 42 days to inform family members themselves before the local authority commences notification.