D (A Child), Re [2025] EWHC 1132 (Fam) (04 April 2025)

D (A Child), Re [2025] EWHC 1132 (Fam) (04 April 2025)

There were no compelling reasons to maintain confidentiality from the extended family; the balance of interests, including the likelihood that the child's existence would become known and the absence of evidence of significant harm from notification, required that the local authority be permitted to notify extended family members to allow them to consider their position as potential carers.

Citation
[2025] EWHC 1132 (Fam)
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
04 April 2025
Procedural Posture
Family Court – Application for Permission to Notify Extended Family in Adoption Context / Judgment Following Contested Application Hearing
Outcome
Application granted
Legal Topics
Notification of Relatives in Adoption, Confidential Relinquishment, Article 8 ECHR Rights, Parental Responsibility, Kinship Care Assessment
Family Law Adoption Law Notification of Relatives in Adoption Confidential Relinquishment Article 8 ECHR Rights Parental Responsibility Kinship Care Assessment

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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 Court – Application for Permission to Notify Extended Family in Adoption Context / Judgment Following Contested Application Hearing

Legal Issues

  1. 1 Whether the local authority should be permitted to notify extended family members of the child's birth and potential adoption against the wishes of both parents who seek confidentiality.

Ratio Decidendi

There were no compelling reasons to maintain confidentiality from the extended family; the balance of interests, including the likelihood that the child's existence would become known and the absence of evidence of significant harm from notification, required that the local authority be permitted to notify extended family members to allow them to consider their position as potential carers.

Court Disposition

Application granted

Orders

  • Local authority granted permission to notify extended family members of D's birth and potential adoption.
  • Parents to be given up to 42 days to inform family members themselves before local authority commences notification process.