A (A Child), Re

A (A Child), Re

Section 84(4) of the Adoption and Children Act 2002 does not require the 10-week period for the child’s home with the applicants to be spent in the United Kingdom; it can be satisfied by residence with the prospective adopters abroad. The local authority’s proposed arrangement for the child to live temporarily with her relatives in the United States for assessment is lawful under paragraph 19 of Schedule 2 to the Children Act 1989 and does not amount to an unlawful placement for adoption. The statutory and regulatory safeguards can be met by assessment abroad, and the court retains control to ensure the child’s welfare is protected.

Parties
Appellant: LOCAL AUTHORITY; 1st Respondent: Department of Children, Schools and Families; 2nd Respondent: CAFCASS Legal
Jurisdiction
England and Wales
Judgment Date
05 February 2009
Procedural Posture
Appeal (family Law) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Adoption With Foreign Element, Statutory Construction, Parental Responsibility Orders, Placement of Children Abroad, Care Orders
Family Law Child Law Adoption Law Adoption With Foreign Element Statutory Construction Parental Responsibility Orders Placement of Children Abroad Care Orders

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Parties

LOCAL AUTHORITY

Appellant

Department of Children, Schools and Families

1st Respondent

CAFCASS Legal

2nd Respondent

Procedural Posture

Appeal (family Law) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 10-week 'home' requirement in section 84(4) of the Adoption and Children Act 2002 requires the child to reside with prospective adopters in England and Wales or if it can be fulfilled abroad
  2. 2 Whether the local authority can lawfully arrange for a child in its care to live abroad for assessment with prospective adopters under paragraph 19 of Schedule 2 to the Children Act 1989
  3. 3 Whether the statutory and regulatory safeguards for adoption with a foreign element are satisfied by the local authority's proposed care plan

Ratio Decidendi

Section 84(4) of the Adoption and Children Act 2002 does not require the 10-week period for the child’s home with the applicants to be spent in the United Kingdom; it can be satisfied by residence with the prospective adopters abroad. The local authority’s proposed arrangement for the child to live temporarily with her relatives in the United States for assessment is lawful under paragraph 19 of Schedule 2 to the Children Act 1989 and does not amount to an unlawful placement for adoption. The statutory and regulatory safeguards can be met by assessment abroad, and the court retains control to ensure the child’s welfare is protected.

Court Disposition

Appeal allowed

Orders

  • Approval granted for the local authority to arrange for IA to live temporarily with her paternal aunt and uncle in the United States for assessment.
  • Declaration granted that there is no legal bar to the court taking into account any period spent by IA at the home of Mr and Mrs N in the United States when considering the section 84(4) requirement.