P (A Child), Re

Where a parent has notice of an adoption hearing but has not applied for leave to oppose under section 47(5) of the Adoption and Children Act 2002, the court may proceed to determine the adoption application. A positive welfare assessment and the absence of any indication that the parent intends to oppose may justify making the order without further adjournment. The decisive consideration remains the child’s welfare throughout life, assessed by reference to the statutory welfare checklist in section 1(4). Adoption should be ordered where the evidence shows that the child’s welfare requires it and that no lesser arrangement will adequately meet the child’s needs.

The case concerned an application by prospective adopters, Mr and Mrs X, for an adoption order in respect of P. P had previously been made subject to care and placement orders and had been placed with the prospective adopters. The mother and father received notice of the adoption hearing, but neither attended or was represented. The mother confirmed that she could not attend and expressed her wish that P should be well, but did not apply for leave to oppose the adoption under section 47(5) of the Adoption and Children Act 2002. The central issues were whether the court should proceed in the parents’ absence and whether adoption accorded with P’s lifelong welfare.

1. The court proceeded with the adoption application. Both parents had been given written and emailed notice of the hearing. Neither attended, was represented, or made an application under section 47(5) of the Adoption and Children Act 2002 for leave to oppose the adoption.
2. The court was entitled to attach substantial weight to the positive Annex A report. It showed that P had formed a strong, positive and affectionate bond with the prospective adopters, was thriving in their care, and was receiving appropriate nurturing and support.
3. Applying the welfare checklist in section 1(4) of the Adoption and Children Act 2002, the court concluded that P’s welfare throughout her life required adoption. The evidence established that the prospective adopters were well equipped to meet P’s needs and that no alternative arrangement would adequately secure her welfare.
4. An adoption order was therefore made on 1 April 2014.