England and Wales Case Law

Argyll And Bute Council v RF

Recognition and enforcement of the 2025 Scottish Guardianship order is refused because RF was not afforded an effective opportunity to be heard, lacked independent representation, and the order provides no mechanism for regular review or access to court. These deficiencies breach Article 5 ECHR and s6(1) HRA 1998, making recognition manifestly contrary to public policy and inconsistent with mandatory provisions of English law.

Source excerpt

• Recognition and enforcement of foreign protective measures
• Deprivation of liberty
• Guardianship
• Article 5 echr compliance
• Natural justice
• Court of protection jurisdiction

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K & Anor v Z & Anor

K & Anor v Z & Anor [2025] EWHC 927 (Fam) (16 April 2025)

The High Court granted a parental order after a Californian surrogacy arrangement, and authorised payments above reasonable expenses, while stressing future welfare planning.

• Parental orders
• Surrogacy
• Child welfare
• International surrogacy
• Guardianship
• Reasonable expenses in surrogacy

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Argyll and Bute Council v RF

Argyll and Bute Council v RF [2025] EWCOP 12 (T3) (15 April 2025)

The Court of Protection refused recognition of a Scottish Guardianship order authorising RF’s deprivation of liberty, finding Article 5 safeguards were not met.

• Recognition and enforcement of foreign protective measures
• Deprivation of liberty
• Guardianship
• Article 5 echr compliance
• Court of protection jurisdiction
• Court-of-protection

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A and B (Adoption: Section 83 ACA 2002)

A and B (Adoption: Section 83 ACA 2002) [2024] EWHC 2837 (Fam) (08 November 2024)

The High Court held that an aunt did not bring her nieces to England “for the purpose of adoption” under section 83 ACA 2002, and granted adoption orders.

• Adoption with a foreign element
• Section 83 aca 2002
• Guardianship
• Dispensation of parental consent
• Recognition of foreign orders
• Article 8 echr rights

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Aberdeenshire Council v SF & Ors (No 2)

The Scottish Guardianship Order was made without SF being given an opportunity to be heard or represented, in non-urgent circumstances, and for a period of seven years without provision for effective review. This amounted to a breach of natural justice and was contrary to mandatory provisions of English law and public policy, specifically Article 5 ECHR as incorporated by the Human Rights Act 1998. Therefore, the Court exercises its discretion to refuse recognition of the SGO in England and Wales.

Source excerpt

• Recognition of foreign protective measures
• Deprivation of liberty
• Guardianship
• Article 5 echr
• Natural justice
• Jurisdiction

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SR & Anor v AE

The applicants have satisfied all statutory and regulatory requirements for adoption, have acted as AE's parents since 2021, and it is in AE's best interests to be adopted by them. The adoption order is therefore granted.

Source excerpt

• Adoption
• Intercountry adoption
• Guardianship
• Child welfare

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Aberdeenshire Council v SF & Ors (No. 2)

Aberdeenshire Council v SF & Ors (No. 2) [2024] EWCOP 10 (20 February 2024)

The Court of Protection refused to recognise a Scottish guardianship order authorising SF’s deprivation of liberty, finding breach of natural justice and Article 5 issues.

• Recognition and enforcement of foreign protective measures
• Deprivation of liberty
• Guardianship
• Article 5 echr
• Natural justice
• Public policy exception

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SR & Anor v AE

SR & Anor v AE [2023] EWFC 127 (26 July 2023)

The Family Court granted an adoption order for a young adult where the applicants had cared for her after her parents died and intercountry adoption requirements were met.

• Adoption
• Intercountry adoption
• Guardianship (kafala)
• Best interests of the child
• Intercountry-adoption
• Best-interests-of-the-child

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Potter Rees Dolan Trust Corporation Limited v WL & Anor

The Court of Protection approved in principle a cross-border management agreement for ML’s funds, with English deputyship and Polish guardianship continuing, and ordered further steps on costs and Polish court input.

• Recognition and enforcement of foreign protective measures
• Deputyship
• Guardianship
• Costs in court of protection
• Management of damages award
• Court-of-protection

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Potter Rees Dolan Trust Corporation Ltd v Wl & Anor

Potter Rees Dolan Trust Corporation Ltd v Wl & Anor [2023] EWCOP 19 (10 April 2023)

Court of Protection case on whether to recognise Polish guardianship orders and how ML’s damages award should be managed between England and Poland.

• Recognition and enforcement of foreign protective measures
• Deputyship
• Guardianship
• Best interests
• Costs in court of protection
• Cross-border management of damages awards

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