RY v Southend Borough Council

RY's conduct caused harm and risk of significant harm to SL through obstructive behaviour, over-medicalisation, refusal to accept medical advice, and inability to collaborate with professionals, rendering her unsuitable to adopt SL and justifying refusal of return to her care under s.35(2) Adoption and Children Act 2002.

Parties: Applicant: RY; Respondent: Southend Borough Council; Child: SL; Guardian: Guardian
Jurisdiction: England and Wales
Judgment Date: 22 May 2015
Procedural Posture: Adoption and Return of Child Proceedings / Judgment Following Contested Hearing
Outcome: Application for adoption by RY dismissed; application by Southend Borough Council for return of SL to its care granted.
Legal Topics: Adoption Process, Parental Responsibility, Child Welfare, Significant Harm, Privacy and Publication, Article 8 ECHR, Article 10 ECHR

Family Law Child Law Adoption Law Human Rights Adoption Process Parental Responsibility Child Welfare Significant Harm +3 more

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Parties

Applicant

Southend Borough Council

Respondent

Child

Guardian

Procedural Posture

Adoption and Return of Child Proceedings / Judgment Following Contested Hearing

Legal Issues

1 Whether RY should be permitted to adopt SL
2 Whether SL should be returned to Southend Borough Council's care under s.35(2) Adoption and Children Act 2002
3 Whether RY's conduct caused harm or significant harm to SL

Ratio Decidendi

Court Disposition

Application for adoption by RY dismissed; application by Southend Borough Council for return of SL to its care granted.

Orders

SL not to be returned to RY's care; SL to remain in foster care under Southend Borough Council.
RY's application for adoption dismissed.