C (A Child) (Adoption by Foster Carers), Re

C (A Child) (Adoption by Foster Carers), Re

Given C’s exceptional medical vulnerability, the risk of placement breakdown or destabilisation, and the entrenched parental conflict, only adoption by Mr and Mrs D will provide the necessary permanence, security, and stability for C. Severance from the birth family is proportionate and required for her welfare. Parental consent is dispensed with. No order for post-adoption contact is made, but indirect letterbox contact is to be facilitated.

Parties
Applicant: Luton Borough Council; Respondent: Ms C; Respondent: Mr C; Respondent: Mr D; Respondent: Mrs D; Respondent: C (a child, by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Family / Final Judgment
Outcome
Adoption order granted; parental consent dispensed with; no order for post-adoption contact.
Legal Topics
Adoption, Special Guardianship, Long Term Foster Care, Parental Responsibility, Post Adoption Contact, Care Orders
Family Law Child Welfare Adoption Special Guardianship Long Term Foster Care Parental Responsibility Post Adoption Contact Care Orders

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Parties

Luton Borough Council

Applicant

Ms C

Respondent

Mr C

Respondent

Mr D

Respondent

Mrs D

Respondent

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

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether adoption by foster carers is appropriate and proportionate for C given her medical vulnerability and family circumstances
  2. 2 Whether special guardianship or long-term foster care are realistic and preferable alternatives to adoption
  3. 3 Whether parental consent should be dispensed with for adoption

Ratio Decidendi

Given C’s exceptional medical vulnerability, the risk of placement breakdown or destabilisation, and the entrenched parental conflict, only adoption by Mr and Mrs D will provide the necessary permanence, security, and stability for C. Severance from the birth family is proportionate and required for her welfare. Parental consent is dispensed with. No order for post-adoption contact is made, but indirect letterbox contact is to be facilitated.

Court Disposition

Adoption order granted; parental consent dispensed with; no order for post-adoption contact.

Orders

  • Adoption order in favour of Mr and Mrs D
  • Parental consent dispensed with under Adoption and Children Act 2002 s.52(1)(b)