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12th Mar 2025 | Cases
Jonathan Sampson KC led Alicia Collinson, they appeared on behalf of the Local Authority. Alex Forbes, instructed by Sills and Betteridge, represented the Third and Fourth Respondent children in R & C (Adoption or Fostering) [2024] EWCA Civ 1302; an Appeal by a local authority against refusal to make placement orders in respect of two young children.
The two young children, R and C, who, along with their two elder half-siblings, were removed from their mother’s care due to concerns about neglect and exposure to harmful environments. The local authority proposed adoption for R and C, with a plan to maintain direct contact with their elder siblings six times a year. However, the trial judge refused to grant placement orders, expressing concern that adoption might sever the children’s ties with their birth family, particularly their siblings.
The Court of Appeal overturned the trial judge’s decision, emphasising that it is the court’s responsibility to set the framework for post-adoption contact at the placement order stage. The court highlighted the evolving concept of open adoption, where maintaining birth family connections, especially sibling relationships, is considered beneficial for the child’s welfare. The court authorised placement orders for R and C.
Reported in Local Government Lawyer.