W (Adoption: Contact), Re

W (Adoption: Contact), Re

It is in A’s best interests throughout her life to remain with the prospective adopters, with whom she has formed secure attachments and received high-quality care. The trauma and risk of long-term harm from removal outweigh the potential benefits of placement with the birth family. Adoption is necessary and proportionate to meet A’s welfare needs, and the mother’s consent is dispensed with. Direct contact with the birth family is in A’s interests but should be by agreement, not by court order.

Parties
Prospective Adopters: Mr. and Mrs. X; Applicants for Special Guardianship Order: Paternal Grandparents; Respondent: Local Authority; Children's Guardian: Children’s Guardian (Ms. Janice Jolley)
Jurisdiction
England and Wales
Judgment Date
02 December 2016
Procedural Posture
Cross Applications for Adoption and Special Guardianship / Judgment After Rehearing on Remittal From Court of Appeal
Outcome
Adoption order granted in favour of Mr. and Mrs. X; Special Guardianship Order application by paternal grandparents refused; mother’s consent to adoption dispensed with; no contact order made but direct contact to occur by agreement.
Legal Topics
Adoption, Special Guardianship, Child Welfare, Contact Arrangements, Dispensation of Parental Consent
Family Law Child Law Adoption Special Guardianship Child Welfare Contact Arrangements Dispensation of Parental Consent

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Parties

Mr. and Mrs. X

Prospective Adopters

Paternal Grandparents

Applicants for Special Guardianship Order

Local Authority

Respondent

Children’s Guardian (Ms. Janice Jolley)

Children's Guardian

Procedural Posture

Cross Applications for Adoption and Special Guardianship / Judgment After Rehearing on Remittal From Court of Appeal

Legal Issues

  1. 1 Whether an adoption order or a special guardianship order is in the best interests of the child A throughout her life
  2. 2 Whether the consent of the mother should be dispensed with for the adoption order
  3. 3 Whether and what form of contact with the birth family should be ordered post-adoption

Ratio Decidendi

It is in A’s best interests throughout her life to remain with the prospective adopters, with whom she has formed secure attachments and received high-quality care. The trauma and risk of long-term harm from removal outweigh the potential benefits of placement with the birth family. Adoption is necessary and proportionate to meet A’s welfare needs, and the mother’s consent is dispensed with. Direct contact with the birth family is in A’s interests but should be by agreement, not by court order.

Court Disposition

Adoption order granted in favour of Mr. and Mrs. X; Special Guardianship Order application by paternal grandparents refused; mother’s consent to adoption dispensed with; no contact order made but direct contact to occur by agreement.

Orders

  • Adoption order made in favour of Mr. and Mrs. X for child A
  • Consent of the mother to adoption dispensed with