Re R & S (Twins: Relinquishment: Notification)

Re R & S (Twins: Relinquishment: Notification)

Given the credible and consistent evidence of the mother regarding the severe emotional, social, and cultural harm that would result from disclosure, the lack of realistic alternative family placements, and the absence of compelling countervailing factors, the balance of interests justifies dispensing with notification to the maternal and paternal families.

Parties
Applicant: A Local Authority; First Respondent: PQ; Second and Third Respondents: R and S (children, through their guardian Kayleigh Jennings)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Adoption (inherent Jurisdiction) / Final Judgment on Application to Dispense With Notification to Extended Family
Outcome
Application granted
Legal Topics
Notification of Relatives in Adoption, Confidential Relinquishment, Inherent Jurisdiction, Cultural and Religious Considerations in Adoption
Family Law Adoption Law Notification of Relatives in Adoption Confidential Relinquishment Inherent Jurisdiction Cultural and Religious Considerations in Adoption

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Parties

A Local Authority

Applicant

PQ

First Respondent

R and S (children, through their guardian Kayleigh Jennings)

Second and Third Respondents

Procedural Posture

Family Law Adoption (inherent Jurisdiction) / Final Judgment on Application to Dispense With Notification to Extended Family

Legal Issues

  1. 1 Whether the local authority should be permitted not to notify the maternal and paternal relatives of the existence and proposed adoption of the children
  2. 2 Whether the court should dispense with assessment of family members as prospective carers

Ratio Decidendi

Given the credible and consistent evidence of the mother regarding the severe emotional, social, and cultural harm that would result from disclosure, the lack of realistic alternative family placements, and the absence of compelling countervailing factors, the balance of interests justifies dispensing with notification to the maternal and paternal families.

Court Disposition

Application granted

Orders

  • Declaration made dispensing with notification to the maternal and paternal families of the children's existence and proposed adoption
  • No further assessment of family members as prospective carers required