D-S (A Child: Adoption or Fostering), Re

D-S (A Child: Adoption or Fostering), Re

The judge erred in law and principle by failing to conduct a balanced welfare assessment, giving insufficient weight to the benefits of adoption for C, and wrongly finding a gap in the evidence. The only plan that meets C's welfare needs is adoption, and the interference with family life is necessary and proportionate. The Court of Appeal substitutes its own decision and makes a placement order for adoption.

Parties
Appellant Local Authority: Slough Borough Council; Respondent: Mother; Respondent: Father; Respondent: Child (C) by their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
08 August 2024
Procedural Posture
Appeal (family/child Protection) / Court of Appeal Judgment on Appeal From Family Court
Outcome
Appeal allowed; placement order for adoption made; parents' consent dispensed with.
Legal Topics
Adoption, Long Term Foster Care, Placement Orders, Welfare of the Child, Parental Consent Dispensation
Family Law Child Protection Adoption Long Term Foster Care Placement Orders Welfare of the Child Parental Consent Dispensation

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Parties

Slough Borough Council

Appellant Local Authority

Mother

Respondent

Father

Respondent

Child (C) by their Children’s Guardian

Respondent

Procedural Posture

Appeal (family/child Protection) / Court of Appeal Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the judge erred in refusing a placement order for adoption of an 11-month-old child (C)
  2. 2 Whether the judge failed to apply the correct legal approach and welfare assessment
  3. 3 Whether the evidence and professional analysis were sufficient to support adoption over long-term fostering

Ratio Decidendi

The judge erred in law and principle by failing to conduct a balanced welfare assessment, giving insufficient weight to the benefits of adoption for C, and wrongly finding a gap in the evidence. The only plan that meets C's welfare needs is adoption, and the interference with family life is necessary and proportionate. The Court of Appeal substitutes its own decision and makes a placement order for adoption.

Court Disposition

Appeal allowed; placement order for adoption made; parents' consent dispensed with.

Orders

  • Set aside the Family Court's refusal of the placement order.
  • Make a placement order for C under the Adoption and Children Act 2002.