A (Children), Re [2013] EWCA Civ 1611 (13 December 2013)

A (Children), Re [2013] EWCA Civ 1611 (13 December 2013)

It is not legally permissible for the court to impose conditions or stipulations on a placement for adoption order; the statutory scheme vests responsibility for matching children to adopters solely in the local authority. The judge's attempt to require specific adopter attributes exceeded jurisdiction. As the welfare of the children did not require adoption absent those attributes, the placement orders must be set aside.

Citation
[2013] EWCA Civ 1611
Parties
Appellant: A Local Authority; First Respondent: Mother of M and K; Second Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal and cross-appeal allowed; placement for adoption orders set aside; care orders remain in force.
Legal Topics
Placement for Adoption, Care Orders, Parental Consent, Judicial Role in Adoption, Sibling Contact
Family Law Child Law Placement for Adoption Care Orders Parental Consent Judicial Role in Adoption Sibling Contact

Case Brief

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Parties

A Local Authority

Appellant

Mother of M and K

First Respondent

Children's Guardian

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a judge can impose conditions on a placement for adoption order under ACA 2002, s 21
  2. 2 Whether the court can require specific attributes for prospective adopters
  3. 3 Jurisdiction to make contact orders under ACA 2002, s 26

Ratio Decidendi

It is not legally permissible for the court to impose conditions or stipulations on a placement for adoption order; the statutory scheme vests responsibility for matching children to adopters solely in the local authority. The judge's attempt to require specific adopter attributes exceeded jurisdiction. As the welfare of the children did not require adoption absent those attributes, the placement orders must be set aside.

Court Disposition

Appeal and cross-appeal allowed; placement for adoption orders set aside; care orders remain in force.

Orders

  • Strike out recordings 2 and 3 from placement for adoption orders.
  • Set aside placement for adoption orders.