B (Adoption Assessment), Re

The statutory requirement under s42(7)(b) Adoption and Children Act 2002 for assessment in the home environment in England and Wales has not been met; the court cannot 'read down' the provision to allow an adoption order without strict compliance, given the importance and finality of adoption and the need for child protection.

Parties: Applicant: Applicants; 1st Respondent: A Metropolitan Borough Council; 2nd Respondent: B (child)
Jurisdiction: England and Wales
Judgment Date: 30 January 2025
Procedural Posture: Adoption Application / Judgment on Statutory Compliance and Assessment
Outcome: application adjourned
Legal Topics: Intercountry Adoption, Statutory Requirements, Assessment Procedures, Welfare of the Child, Jurisdiction, Human Rights

Family Law Adoption Intercountry Adoption Statutory Requirements Assessment Procedures Welfare of the Child Jurisdiction Human Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2

Parties

Applicants

Applicant

A Metropolitan Borough Council

1st Respondent

B (child)

2nd Respondent

Procedural Posture

Adoption Application / Judgment on Statutory Compliance and Assessment

Legal Issues

1 Whether the statutory requirement under s42(7)(b) Adoption and Children Act 2002 for assessment in the home environment in England and Wales has been met
2 Whether the court can 'read down' the statute to allow an adoption order despite non-compliance
3 Impact of delay on the welfare of the child

Ratio Decidendi

Court Disposition

application adjourned

Orders

Application for adoption order adjourned for several months to allow assessment in accordance with s42(7)(b) Adoption and Children Act 2002.
Applicants may seek permission to withdraw and reapply after establishing a home in England and Wales.