A Local Authority v B (Mother) & Anor [2023] EWFC 343 (02 March 2023)

A Local Authority v B (Mother) & Anor [2023] EWFC 343 (02 March 2023)

The balance of interests, including the lack of realistic family placement options, the significant psychological and social harm to the mother and her family if notified, and the considered decision of both parents in favour of adoption, outweigh the potential benefits of notification; therefore, the wider families should not be notified.

Citation
[2023] EWFC 343
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 Court Inherent Jurisdiction Application / Judgment on Notification of Wider Family in Adoption Context
Outcome
Application granted; wider families not to be notified.
Legal Topics
Notification of Relatives in Adoption, Article 8 ECHR Rights, Inherent Jurisdiction, Confidentiality in Adoption Proceedings
Family Law Adoption Notification of Relatives in Adoption Article 8 ECHR Rights Inherent Jurisdiction Confidentiality in Adoption Proceedings

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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 Court Inherent Jurisdiction Application / Judgment on Notification of Wider Family in Adoption Context

Legal Issues

  1. 1 Whether the wider maternal and paternal families should be notified of the child's birth and consulted on the adoption plan
  2. 2 Balancing Article 8 rights of mother, child, and wider family
  3. 3 Assessment of realistic possibility of family placement as alternative to adoption

Ratio Decidendi

The balance of interests, including the lack of realistic family placement options, the significant psychological and social harm to the mother and her family if notified, and the considered decision of both parents in favour of adoption, outweigh the potential benefits of notification; therefore, the wider families should not be notified.

Court Disposition

Application granted; wider families not to be notified.

Orders

  • The Local Authority is not to notify the wider maternal or paternal families of the child's birth or the adoption plan.