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England and Wales decisions
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Adoption is the only option that meets both the children’s need for permanence and ongoing sibling contact; long-term foster care cannot provide the same degree of security and belonging. The welfare of D and E requires dispensing with parental consent and making care and placement orders, with sibling contact prioritized in the care plan.
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Immediate removal of both children from mother's care is necessary and proportionate due to ongoing risk of harm, mother's inability to provide safe parenting without 24/7 supervision, and lack of available support options. The threshold for interim care order is met and no alternative placement is feasible.
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The court found that Will and Sophie are unable to safely care for Faith and meet her emotional, health, and development needs, even with support. The threshold criteria under section 31(2) of the Children Act 1989 are met. Faith's welfare throughout her life requires adoption, and nothing else will do. The parents' consent is dispensed with under sections 21(3)(b) and 52 of the Adoption and Children Act 2002. Adoption is necessary and proportionate to avoid significant harm to Faith.
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Birmingham Children's Trust v S & Anor [2025] EWFC 376 (B) (07 July 2025)
The Family Court granted final care and placement orders for adoption, finding the threshold met and that adoption was necessary and proportionate.
The risks stemming from M’s mental health, domestic abuse, and substance misuse are now very low. The risk from unresolved sibling conflict between G and D is outweighed by the emotional harm caused by leaving them in foster care while their brothers return home. M has made significant progress in parenting skills and will complete therapeutic parenting training. All children should be returned to M’s care over four months, with boys transitioning first, under a 12-month supervision order and s20 agreement during transition. Support must be provided in accordance with Miss Holland’s recommend…
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It remains necessary and proportionate to make an interim supervision order for C and interim care orders for D and E, pending completion of the criminal trial and further therapeutic work, as the risks cannot be fully resolved and the welfare of the children requires ongoing oversight and gradual transition.
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T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025)
Court of Appeal set aside care and placement orders in a children case, holding that the judge had not carried out a sufficient risk, welfare, or proportionality analysis.
The High Court granted redactions for client and advisor names in a harassment claim, refused redactions for employee and member references, and refused a CPR 5.4C declaration about a medical report.
The making of care and placement orders is neither necessary nor proportionate as D's welfare is best served by remaining with Mr and Mrs E under a Special Guardianship Order, which provides permanence, continuity, and opportunity to retain meaningful links to birth family, culture, and heritage. Adoption is not justified as there is a realistic and better option for D.
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The Family Court granted an adoption order for an adult child, confirmed leave to apply, and dispensed with parental consent after finding adoption best served her welfare.
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