Landmark case for discrimination in adoption cases

Judge criticises local authority over delays in adoption support plans for vulnerable siblings

A family court judge has voiced “very great concern” over significant delays in adoption support plans for three vulnerable siblings being adopted by their aunt, as reported by The Law Society Gazette.

The delays, caused by the local authority’s failure to meet its statutory obligations, hindered the timely resolution of the adoption process, according to a ruling by Mrs. Justice Theis.

The aunt, referred to as A in the judgment, applied to adopt her late sister’s three children in February 2023. However, it took over 18 months to finalise the applications due to what the court described as the local authority’s “failure to understand its statutory obligations in respect of adoption support and to properly assess the family for that support”. The prolonged delay negatively impacted the children, with the judge noting:

“The delay caused by this misunderstanding has been detrimental to the children’s welfare as it has prevented final decisions being made for orders which there is no dispute their lifelong welfare needs require.”

Despite these challenges, the judge praised the aunt’s legal team, acknowledging their expertise and tenacity in overcoming the obstacles.

Mrs. Justice Theis credited A’s legal representatives, Mr. Wilson and Ms. Dally, who acted pro bono, for their role in resolving the matter. She highlighted that even with their significant expertise, it still took more than a year to produce an adoption support plan that complied with legal requirements.

The judge emphasised that part of the delay was due to a fundamental misunderstanding by the local authority of the legal framework governing adoption support assessments. It was only after two pre-action letters and the persistence of A’s legal team that a compliant adoption support plan was presented.

Making the adoption orders, Mrs. Justice Theis affirmed that the aunt is fully capable of meeting the children’s welfare needs to a high standard. While she acknowledged that the adoption support plan issues had “finally” been resolved, she expressed concern over the systemic failings that delayed the process.

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