S (Placement Order Contact), Re

S (Placement Order Contact), Re

The judge did not err in law or principle by declining to make a section 26 contact order for direct sibling contact, as he was entitled to rely on unanimous professional evidence that such an order might deter prospective adopters for S, and the welfare analysis under ACA 2002, s 1(6) justified the conclusion that making the order would not be better for the child than not doing so. The agreed contact arrangements could be implemented without a formal order, and the judge's discretion was properly exercised.

Parties
Appellant: The Mother; First Respondent: Local Authority; Second Respondent: The Father; Third Respondent: Children’s Guardian; Fourth Respondent/intervenor: ALC (Association of Lawyers for Children); Fifth Respondent/intervenor: CoramBAAF
Jurisdiction
England and Wales
Judgment Date
07 January 2025
Procedural Posture
Family Law Appeal / Appeal From Placement for Adoption Order and Refusal of Sibling Contact Order
Outcome
Appeal dismissed
Legal Topics
Adoption, Placement Orders, Sibling Contact, Child Welfare, Judicial Discretion
Family Law Child Law Adoption Placement Orders Sibling Contact Child Welfare Judicial Discretion

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Parties

The Mother

Appellant

Local Authority

First Respondent

The Father

Second Respondent

Children’s Guardian

Third Respondent

ALC (Association of Lawyers for Children)

Fourth Respondent/intervenor

CoramBAAF

Fifth Respondent/intervenor

Procedural Posture

Family Law Appeal / Appeal From Placement for Adoption Order and Refusal of Sibling Contact Order

Legal Issues

  1. 1 Whether the court erred in refusing to make a section 26 Adoption and Children Act 2002 order for direct sibling contact at the placement for adoption stage
  2. 2 Proper approach to sibling contact in adoption proceedings
  3. 3 Application of the welfare principle and 'no order' principle under ACA 2002

Ratio Decidendi

The judge did not err in law or principle by declining to make a section 26 contact order for direct sibling contact, as he was entitled to rely on unanimous professional evidence that such an order might deter prospective adopters for S, and the welfare analysis under ACA 2002, s 1(6) justified the conclusion that making the order would not be better for the child than not doing so. The agreed contact arrangements could be implemented without a formal order, and the judge's discretion was properly exercised.

Court Disposition

Appeal dismissed

Orders

  • No section 26 contact order made for direct sibling contact
  • Placement for adoption order for S stands as made by the lower court