C (A Child), Re (Adoption by Foster Carers) [2024] EWFC 87 (03 April 2024)

C (A Child), Re (Adoption by Foster Carers) [2024] EWFC 87 (03 April 2024)

Adoption by the foster carers is the only order that will secure C's welfare, given her extreme vulnerability, attachment to the carers, and the need for permanence and parental responsibility in her day-to-day care. Neither special guardianship nor long-term fostering would provide the necessary stability or legal...

Source-derived case information.

Citation
[2024] EWFC 87
Parties
Applicant: Luton Borough Council; First Respondent (mother): Ms C; Second Respondent (father): Mr C; Third Respondent (foster Carer): Mr D; Fourth Respondent (foster Carer): Mrs D; Fifth Respondent (child): C (a child, by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
03 April 2024
Procedural Posture
Family Law Child Care and Adoption / Final Judgment After Remittal From Court of Appeal
Outcome
Adoption order granted in favour of Mr and Mrs D. No order for direct post-adoption contact. Indirect (letterbox) contact twice yearly ordered. Section 91(14) order made preventing parental applications without leave for two years.
Legal Topics
Adoption, Special Guardianship, Care Orders, Parental Responsibility, Post Adoption Contact, Welfare of the Child
Family Law Child Law Adoption Special Guardianship Care Orders Parental Responsibility Post Adoption Contact Welfare of the Child

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Parties

Luton Borough Council

Applicant

Ms C

First Respondent (mother)

Mr C

Second Respondent (father)

Mr D

Third Respondent (foster Carer)

Mrs D

Fourth Respondent (foster Carer)

C (a child, by her children's guardian)

Fifth Respondent (child)

Procedural Posture

Family Law Child Care and Adoption / Final Judgment After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether an adoption order should be made in favour of the foster carers (Mr and Mrs D) for C, a child with complex medical needs, in preference to special guardianship or long-term fostering.
  2. 2 Whether post-adoption direct contact between C and her birth parents should be ordered against the wishes of the adopters.

Ratio Decidendi

Adoption by the foster carers is the only order that will secure C's welfare, given her extreme vulnerability, attachment to the carers, and the need for permanence and parental responsibility in her day-to-day care. Neither special guardianship nor long-term fostering would provide the necessary stability or legal authority for her complex needs. The court will not order direct post-adoption contact against the adopters' wishes, as this would undermine the placement and is not justified on the facts.

Court Disposition

Adoption order granted in favour of Mr and Mrs D. No order for direct post-adoption contact. Indirect (letterbox) contact twice yearly ordered. Section 91(14) order made preventing parental applications without leave for two years.

Orders

  • Adoption order in favour of Mr and Mrs D
  • No direct post-adoption contact between C and birth parents