W (Adoption- Reunification), Re

Adoption is a last resort. The court must decide whether adoption is necessary for the child’s welfare throughout life, not merely whether adoption would offer advantages over family care. It must evaluate every realistic option globally and holistically, including the practical support that public authorities can provide. A child’s placement with prospective adopters and the passage of time cannot determine the outcome. Where rehabilitation within the birth family is realistically capable of succeeding, the court must consider and support reunification. The child’s identity, family relationships, sibling relationships and the likely lifelong effect of adoption are material considerations under the Adoption and Children Act 2002. Short-term distress caused by a carefully supported move may be outweighed by the lifelong benefits of remaining within the family of origin.

W, born in November 2012, was removed from her father’s care and placed in foster care following public law proceedings. Care and placement orders were made in September 2013, and she was later placed with prospective adopters. The Court of Appeal subsequently set aside those orders in Re H (Children) [2015] EWCA Civ 583, because the welfare and placement analysis was inadequate.

The father opposed the adoption application and sought W’s reunification with him and her three siblings. The central issue was whether W’s welfare throughout her life required adoption, or whether the risks of transition could be managed through professional support so that she could return to her family of origin.

1. Outcome. The court refused adoption and determined that W should return to live with her father and siblings, with appropriate professional support. The local authority did not seek a public law order at the conclusion of the hearing.
2. Under sections 1 and 52 of the Adoption and Children Act 2002, adoption and dispensation with parental consent require consideration of W’s welfare throughout her life. Adoption may be ordered only where it is necessary: it must be the last resort, in circumstances where nothing else will do. It is insufficient that adoption would provide a more beneficial environment than family care.
3. The court had to consider all realistic options and compare them side by side in a global and holistic welfare evaluation. The assessment had to include the assistance, advice and support which the authorities could provide. The fact that W had lived with the prospective adopters for 16 months and was settled there could not determine the result, although the likely short-term trauma of moving was relevant.
4. The evidence showed that the father had separated from the mother, had successfully cared for the three older children, had undertaken counselling and understood the need for professional assistance during reunification. The experts considered the case finely balanced but concluded that, with proper support, the benefits and lifelong significance of family reunification outweighed the risks of transition.
5. The court rejected the local authority’s assessment that the father was unable to recognise or respond to the children’s needs. That assessment was unsupported by objective evidence and was contradicted by the independent expert and social-work evidence. The local authority had a legal obligation to provide the support needed for reunification, including an independent social worker to oversee the transition.
6. The court treated W’s identity, belonging, family relationships and sibling relationships as important aspects of her lifelong welfare. The older siblings’ wishes and feelings should have been placed before the court and considered under the statutory welfare checklist.

• Court of Appeal: Care and placement orders made on 19 September 2013 were set aside in Re H (Children) [2015] EWCA Civ 583. The welfare determination was held to be erroneous and the matter was left for the High Court to determine W’s best interests.
• High Court (Family Division): The present court determined that adoption was not necessary and ordered reunification with the family of origin.