O (A Child), Re [2002] EWCA Civ 1054 (4 July 2002)

O (A Child), Re [2002] EWCA Civ 1054 (4 July 2002)

The real and substantial risk of disruption and harm from the natural parents, who knew the foster parents' identity and location, made the prospect of a successful adoption application by Mr and Mrs S remote and contrary to the child's best interests. The judge was entitled to prioritize the child's safety and stability over the attachment to the foster parents.

Citation
[2002] EWCA Civ 1054
Parties
Applicants: Mr and Mrs S; Respondent: Local Authority; Prospective Adopters: Mr and Mrs D; Child: A S O
Jurisdiction
England and Wales
Judgment Date
04 July 2002
Procedural Posture
Family Law Appeal / Application for Permission to Appeal From County Court Decision
Outcome
Permission to appeal refused
Legal Topics
Adoption, Care Orders, Foster Care, Risk Assessment, Child Welfare
Family Law Child Law Adoption Care Orders Foster Care Risk Assessment Child Welfare

Case Brief

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Parties

Mr and Mrs S

Applicants

Local Authority

Respondent

Mr and Mrs D

Prospective Adopters

A S O

Child

Procedural Posture

Family Law Appeal / Application for Permission to Appeal From County Court Decision

Legal Issues

  1. 1 Whether foster parents should be granted permission to adopt a child in their care despite risks posed by natural parents
  2. 2 Whether the risk of disruption by natural parents outweighs the child's attachment to foster parents

Ratio Decidendi

The real and substantial risk of disruption and harm from the natural parents, who knew the foster parents' identity and location, made the prospect of a successful adoption application by Mr and Mrs S remote and contrary to the child's best interests. The judge was entitled to prioritize the child's safety and stability over the attachment to the foster parents.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused