R (A Child), Re

In child-care and freeing-for-adoption proceedings, a very substantial extension of time to appeal requires both a very good reason for the delay and a very good case on the merits. The court is especially reluctant to reopen matters after care and freeing orders because delay may damage the child’s welfare. Before removal or intrusive risk assessments, section 38 of the Children Act 1989 requires reasonable grounds for believing that the circumstances in section 31(2) exist. Once that threshold is met, authorities must protect the child and assess the risks. Adoption may be justified despite its serious interference with family life where it is necessary and proportionate in a strong case.

The mother sought permission to appeal, out of time, against interim care orders, a full care order and a freeing-for-adoption order concerning her three-year-old daughter. The care findings involved domestic violence, emotional harm, inadequate protection and a dangerous parental relationship. The child had been placed with prospective adopters. The mother challenged the absence of early fact-finding, delay, intrusive assessments, professional conduct and the adoption decision.

At the Court of Appeal, neither the mother nor the respondent attended. The central questions were whether time should be extended and whether there was a sufficient merits case to revisit the earlier orders.

The application for permission to appeal was dismissed. No reason was given for the substantial delay, and the merits did not disclose a sufficiently strong case.

1. Time and earlier orders. In a child case involving care proceedings and freeing for adoption, the court is particularly reluctant to extend time without a very good reason and a very good case on the merits. The proper time to challenge interim or full care orders was when they were made. The applicant had been represented and had ample opportunity to make her case. No explanation justified reopening those issues.
2. Threshold and assessments. The court accepted that section 38 of the Children Act 1989 provides a threshold before removing a child or requiring intrusive social-work or psychiatric assessments. The threshold depends on reasonable grounds to believe that the circumstances in section 31(2) exist. Once those grounds are established, the authorities must take proper protective steps and assess the true risks. The care judge’s findings of violence, emotional harm and inadequate parental protection provided no basis for concluding that the threshold decision was wrong.
3. Freeing for adoption. Under section 18 of the Adoption Act 1976, the relevant questions were whether adoption would promote the child’s welfare and whether parental consent was being unreasonably withheld. Where the father lacked parental responsibility, the court also had to be satisfied that he did not intend to seek a residence order or would probably fail if he did. The judge correctly directed himself on the consent question by reference to a reasonable parent in the circumstances and the advantages of adoption.
4. Family life and religion. Children should, where possible, be brought up within their natural family and retain their birthright and identity. Adoption is a drastic interference with family life and is justified only in a strong case where it is necessary and proportionate to protect the child’s health and rights. The judge considered the parents’ religious objections as required by section 7 of the Adoption Act 1976. The child’s settled and successful placement made removal detrimental to her welfare, and the Court of Appeal found no error in the county court’s decision.

Order: Application dismissed. The applicant was to receive a copy of the judgment at public expense.

• Court of Appeal (Civil Division): On 25 October 2002, the application for permission to appeal was dismissed; the substantial extension of time was refused. [2002] EWCA Civ 1596
• Swansea County Court: Interim care orders were made, followed by a full care order on 10 August 2001 and a freeing-for-adoption order on 22 February 2002.