CB, Re

CB, Re

The Article 8 rights of MB, HB, and their two children to respect for their private and family life outweigh the Article 8 rights of the extended maternal family, who have no existing relationship with CB and are not in a position to care for her. Notification would cause unnecessary distress and risk harm to the established family unit, and any disadvantage to CB is outweighed by the need to avoid family breakdown and to secure her welfare through timely adoption.

Parties
Applicant: A Local Authority; First Respondent: MB; Second Respondent: HB; Third Respondent: CB (through her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
07 September 2024
Procedural Posture
Family / Judgment on Application for Declaration Regarding Notification of Wider Family in Adoption Process
Outcome
Application granted; declarations made as sought.
Legal Topics
Notification of Relatives in Adoption, Confidentiality in Adoption Proceedings, Parental Responsibility, Article 8 ECHR Rights
Family Law Adoption Notification of Relatives in Adoption Confidentiality in Adoption Proceedings Parental Responsibility Article 8 ECHR Rights

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Parties

A Local Authority

Applicant

MB

First Respondent

HB

Second Respondent

CB (through her Children's Guardian)

Third Respondent

Procedural Posture

Family / Judgment on Application for Declaration Regarding Notification of Wider Family in Adoption Process

Legal Issues

  1. 1 Whether the Local Authority must notify wider family members of CB's existence prior to adoption
  2. 2 Whether the Article 8 rights of MB, HB, and their children outweigh those of the extended family
  3. 3 Whether the circumstances justify dispensing with notification to extended family

Ratio Decidendi

The Article 8 rights of MB, HB, and their two children to respect for their private and family life outweigh the Article 8 rights of the extended maternal family, who have no existing relationship with CB and are not in a position to care for her. Notification would cause unnecessary distress and risk harm to the established family unit, and any disadvantage to CB is outweighed by the need to avoid family breakdown and to secure her welfare through timely adoption.

Court Disposition

Application granted; declarations made as sought.

Orders

  • Declaration that HB is not the father of CB and his consent is not required for adoption.
  • Declaration that MB is the only parent with parental responsibility and has given all necessary consents for adoption under the Adoption and Children Act 2002.