W (A Child), Re

W (A Child), Re

The court found that the risks and potential trauma to W of removing her from her secure attachment with Mr and Mrs A and placing her with her birth family were too great and unmanageable, with a real likelihood of significant harm or placement breakdown. The risks associated with adoption, including identity issues and narrative difficulties, were real but less severe and more manageable. W's welfare throughout her life required that she remain with Mr and Mrs A, and adoption was necessary and proportionate; nothing else would do.

Parties
Applicants/prospective Adopters: Mr and Mrs A; Local Authority: Brighton and Hove City Council; Respondent/father: W's father; Respondent/mother: W's mother; Interested Party/sibling: X (W's sister); Subject Child: W (the child, by guardian)
Jurisdiction
England and Wales
Judgment Date
06 March 2017
Procedural Posture
Adoption and Child Welfare / Final Judgment After Rehearing
Outcome
Adoption order granted; parental consent dispensed with; local authority granted leave to withdraw public law proceedings.
Legal Topics
Adoption Order, Dispensing With Parental Consent, Child Welfare, Article 8 ECHR, Narrative for Adopted Child, Attachment Theory, Contact With Birth Family, Public Law Withdrawal
Family Law Child Law Adoption Law Adoption Order Dispensing With Parental Consent Child Welfare Article 8 ECHR Narrative for Adopted Child +3 more

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Parties

Mr and Mrs A

Applicants/prospective Adopters

Brighton and Hove City Council

Local Authority

W's father

Respondent/father

W's mother

Respondent/mother

X (W's sister)

Interested Party/sibling

W (the child, by guardian)

Subject Child

Procedural Posture

Adoption and Child Welfare / Final Judgment After Rehearing

Legal Issues

  1. 1 Whether to grant adoption order to Mr and Mrs A and dispense with parental consent under Adoption and Children Act 2002 sections 47(2)(c) and 52(1)(b)
  2. 2 Whether W should be returned to her birth father or remain with prospective adopters
  3. 3 Whether the local authority should be granted leave to withdraw public law proceedings

Ratio Decidendi

The court found that the risks and potential trauma to W of removing her from her secure attachment with Mr and Mrs A and placing her with her birth family were too great and unmanageable, with a real likelihood of significant harm or placement breakdown. The risks associated with adoption, including identity issues and narrative difficulties, were real but less severe and more manageable. W's welfare throughout her life required that she remain with Mr and Mrs A, and adoption was necessary and proportionate; nothing else would do.

Court Disposition

Adoption order granted; parental consent dispensed with; local authority granted leave to withdraw public law proceedings.

Orders

  • Adoption order in favour of Mr and Mrs A
  • Dispensation with parental consent under s.52(1)(b) Adoption and Children Act 2002