R and C (Adoption or Fostering), Re

R and C (Adoption or Fostering), Re

The judge erred by failing to robustly analyse the advantages and disadvantages of adoption versus long-term fostering, misapplied the law regarding sibling contact, and did not properly exercise the court's power to set the contact template at the placement order stage. Adoption with court-directed sibling contact is the only option meeting the children's needs for permanence and sibling relationships.

Parties
Appellant: Local Authority; First Respondent: Mother; Third and Fourth Respondents: Children's Guardian (for Third and Fourth Respondents); Second Respondent: Y's Father
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Appeal / Judgment on Appeal From Family Court, Placement Order Application
Outcome
Appeal allowed; judge's order set aside; placement orders made for both children.
Legal Topics
Adoption, Placement Orders, Sibling Contact, Parental Consent, Open Adoption
Family Law Child Welfare Adoption Placement Orders Sibling Contact Parental Consent Open Adoption

Case Brief

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Parties

Local Authority

Appellant

Mother

First Respondent

Children's Guardian (for Third and Fourth Respondents)

Third and Fourth Respondents

Y's Father

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court, Placement Order Application

Legal Issues

  1. 1 Whether placement orders should be made for two children given the need for sibling contact
  2. 2 Whether the judge erred in refusing placement orders based on inability to guarantee sibling contact and potential for mother's rehabilitation

Ratio Decidendi

The judge erred by failing to robustly analyse the advantages and disadvantages of adoption versus long-term fostering, misapplied the law regarding sibling contact, and did not properly exercise the court's power to set the contact template at the placement order stage. Adoption with court-directed sibling contact is the only option meeting the children's needs for permanence and sibling relationships.

Court Disposition

Appeal allowed; judge's order set aside; placement orders made for both children.

Orders

  • Placement orders authorising local authority to place R and C for adoption.
  • Order under s.26(2)(b) ACA 2002 requiring sibling contact six times per year.