A Local Authority v JK and W (Adoption Notification to father) (Rev 2)

A Local Authority v JK and W (Adoption Notification to father) (Rev 2)

The evidence does not justify excluding the father or wider family from consideration as carers or from being notified. The Article 8 rights of the child and competing interests require notification and exploration of all realistic options before adoption. Delay and procedural errors by the Local Authority do not outweigh the need for proper inquiry and fairness.

Parties
Applicant: A Local Authority; First Respondent: JK; Second Respondent: W (Through his Guardian)
Jurisdiction
England and Wales
Judgment Date
15 January 2021
Procedural Posture
Family Division Non Notification Application / Final Determination
Outcome
Applications for non-notification refused.
Legal Topics
Non Notification in Adoption, Article 8 Rights, Parental Responsibility, Delay in Proceedings
Family Law Child Welfare Adoption Non Notification in Adoption Article 8 Rights Parental Responsibility Delay in Proceedings

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Parties

A Local Authority

Applicant

JK

First Respondent

W (Through his Guardian)

Second Respondent

Procedural Posture

Family Division Non Notification Application / Final Determination

Legal Issues

  1. 1 Should the father and wider family be notified of the child's existence before adoption proceedings?
  2. 2 Is the mother's right to confidentiality outweighed by the interests of the child and family members?
  3. 3 Does delay in notification affect the fairness and outcome of adoption proceedings?

Ratio Decidendi

The evidence does not justify excluding the father or wider family from consideration as carers or from being notified. The Article 8 rights of the child and competing interests require notification and exploration of all realistic options before adoption. Delay and procedural errors by the Local Authority do not outweigh the need for proper inquiry and fairness.

Court Disposition

Applications for non-notification refused.

Orders

  • Father to be identified and notified.
  • Maternal grandparents to be notified.