A (Children : Adoption : long Term Foster Care), Re

A (Children : Adoption : long Term Foster Care), Re

The judge did not err in law or principle in preferring long term foster care over adoption for the three children, having properly considered the welfare checklist, the strength of sibling relationships, the risks and uncertainties of adoption, and the lack of clarity in the Local Authority's adoption planning. The appellate court will not interfere with the trial judge's evaluative judgment in such finely balanced child welfare cases.

Parties
Appellant: H Borough Council; First Respondent (mother): CDP; Second Respondent (father): MA; Third Respondent (family Friend): RD; Fourth to Ninth Respondents (children, by Their Guardian): T, F, D, P, M and H
Jurisdiction
England and Wales
Judgment Date
13 October 2015
Procedural Posture
Appeal (care/adoption Proceedings) / Judgment on Appeal From Family Court
Outcome
Appeal dismissed
Legal Topics
Adoption, Long Term Foster Care, Care Orders, Sibling Relationships, Welfare of the Child
Family Law Child Law Adoption Long Term Foster Care Care Orders Sibling Relationships Welfare of the Child

Case Brief

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Parties

H Borough Council

Appellant

CDP

First Respondent (mother)

MA

Second Respondent (father)

RD

Third Respondent (family Friend)

T, F, D, P, M and H

Fourth to Ninth Respondents (children, by Their Guardian)

Procedural Posture

Appeal (care/adoption Proceedings) / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the judge erred in preferring long term foster care over adoption for three children
  2. 2 Whether the judge gave proper weight to permanence, sibling relationships, and the advantages of adoption

Ratio Decidendi

The judge did not err in law or principle in preferring long term foster care over adoption for the three children, having properly considered the welfare checklist, the strength of sibling relationships, the risks and uncertainties of adoption, and the lack of clarity in the Local Authority's adoption planning. The appellate court will not interfere with the trial judge's evaluative judgment in such finely balanced child welfare cases.

Court Disposition

Appeal dismissed

Orders

  • Appeal by H Borough Council dismissed
  • No order for placement for adoption; long term foster care to be pursued