Seddon v Oldham MBC (Adoption : Human Rights)

Seddon v Oldham MBC (Adoption : Human Rights)

The making of an adoption order always brings pre-existing Article 8 rights as between a birth parent and an adopted child to an end. Section 51A ACA 2002 does not create or maintain Article 8 rights between birth parent and adopted child. The leave requirement for contact applications is not incompatible with the...

Source-derived case information.

Parties
Claimant: Kirsty Louise Seddon; Respondent: Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
14 September 2015
Procedural Posture
Human Rights Act Claim and Application for Leave to Apply for Contact / Final Judgment
Outcome
claims and application dismissed
Legal Topics
Adoption, Post Adoption Contact, Article 8 ECHR, Public Function, Correspondence Rights
Family Law Human Rights Adoption Post Adoption Contact Article 8 ECHR Public Function Correspondence Rights

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Parties

Kirsty Louise Seddon

Claimant

Metropolitan Borough Council

Respondent

Procedural Posture

Human Rights Act Claim and Application for Leave to Apply for Contact / Final Judgment

Legal Issues

  1. 1 Do Article 8 ECHR rights survive the making of an adoption order?
  2. 2 Does s.51A Adoption and Children Act 2002 create or maintain an Article 8 right between birth parent and adopted child?
  3. 3 Is s.51A(4) ACA 2002 incompatible with the ECHR?

Ratio Decidendi

The making of an adoption order always brings pre-existing Article 8 rights as between a birth parent and an adopted child to an end. Section 51A ACA 2002 does not create or maintain Article 8 rights between birth parent and adopted child. The leave requirement for contact applications is not incompatible with the ECHR. A public body running a post-adoption letterbox service is obliged under Article 8 to respect correspondence, but moderation and redaction are lawful and proportionate. Ms Seddon's claims and application for leave to apply for contact are totally without merit and are dismissed.

Court Disposition

claims and application dismissed

Orders

  • Ms Seddon's claims under the Human Rights Act 1998 and her application under s.51A ACA 2002 are dismissed.
  • Declaration that all pre-existing Article 8 rights between Ms Seddon and A were extinguished by A’s adoption.