S (Child as Parent: Adoption: Consent)

S (Child as Parent: Adoption: Consent)

The test for competence of a child parent to consent to adoption is the Gillick test, requiring sufficient understanding of the salient legal consequences of adoption, not all peripheral statutory details. The assessment must be decision-specific, and all practicable steps should be taken to assist the child parent. The threshold for placement order in relinquished baby cases depends on the factual circumstances, and if consent is not valid and threshold not met, private adoption procedures may be considered.

Parties
Applicant: Local Authority; Respondent: S; Respondent: T
Jurisdiction
England and Wales
Judgment Date
02 November 2017
Procedural Posture
Adoption / Interlocutory Judgment on Competence and Procedure
Outcome
Further assessment required; judgment provides procedural and substantive guidance.
Legal Topics
Adoption, Parental Consent, Child Competence, Capacity Assessment, Placement Orders, Relinquished Babies
Family Law Child Law Adoption Parental Consent Child Competence Capacity Assessment Placement Orders Relinquished Babies

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Parties

Local Authority

Applicant

S

Respondent

T

Respondent

Procedural Posture

Adoption / Interlocutory Judgment on Competence and Procedure

Legal Issues

  1. 1 What is the test for competence of a child parent to consent to adoption?
  2. 2 Can a child parent consent to accommodation under section 20 Children Act 1989 if lacking litigation competence?
  3. 3 What information must a child parent understand to be competent to consent to adoption?

Ratio Decidendi

The test for competence of a child parent to consent to adoption is the Gillick test, requiring sufficient understanding of the salient legal consequences of adoption, not all peripheral statutory details. The assessment must be decision-specific, and all practicable steps should be taken to assist the child parent. The threshold for placement order in relinquished baby cases depends on the factual circumstances, and if consent is not valid and threshold not met, private adoption procedures may be considered.

Court Disposition

Further assessment required; judgment provides procedural and substantive guidance.

Orders

  • Professor Beail to urgently assess S's competence to consent to adoption after age-appropriate information is provided.
  • Parties to reconvene hearing once assessment is completed.