Re B-S (Children)
Before making an adoption order, the court must undertake a global, holistic evaluation of all the realistic options, supported by proper evidence and analysis.
Facts
A mother applied for leave to oppose the adoption of her two children, who had been placed with prospective adopters after care proceedings. She said that her circumstances had changed, and that she had made improvements in her life. The judge refused leave, and the mother appealed. The Court of Appeal used the case to give guidance on the approach to adoption following the decision of the Supreme Court in Re B.
Legal principle
The Court of Appeal dismissed the mother's appeal, but Sir James Munby P gave general guidance. He said that adoption is the last resort, when nothing else will do, and that the court must consider all the realistic options for the child, with an analysis of the arguments for and against each option. The court must undertake a global, holistic and multi faceted evaluation, rather than a linear one. Social workers' reports and the guardian's report must contain proper evidence and analysis to support their recommendations. The court said that it was concerned about the way in which some care proceedings were being conducted.
Related cases on care proceedings and adoption
- Re A (A Child) [2015] EWFC 11, [2016] 1 FLR 1
- Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911
- Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35, [2009] 1 AC 11
- Re G (A Child) (Interim Care Order: Residential Assessment) [2005] UKHL 68, [2006] 1 AC 576
- Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563
- Re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9, [2013] 1 AC 680
- Re L (Care: Threshold Criteria) [2007] 1 FLR 2050
- Lancashire County Council v B [2000] 2 AC 147
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
