Adoption in the context of family Care Proceedings is one of the most significant decisions a court can make. It permanently severs the legal relationship between a child and their birth parents and establishes a new parental relationship with the adopters.

When is Adoption considered in Care Proceedings?

Adoption is usually considered when:

• A child has suffered or is likely to suffer significant harm and cannot safely remain with their birth parents.
• No suitable carers are available within the child’s family or friends network.
• The local authority concludes that adoption is in the child’s best lifelong interests, as required by section 1 of the Adoption and Children Act 2002.

Before proposing adoption, children’s services must:

• Explore family options through a Family Group Conference.
• Prepare a care plan setting out why adoption is the preferred option and how it meets the child’s needs.

The “Nothing Else Will Do” Test

The principle that adoption should only occur when “nothing else will do” originates from the Supreme Court decision in Re B (A Child) [2013] UKSC 33, reinforced by the Court of Appeal in Re B-S [2013] EWCA Civ 1146. These cases established that:

• Adoption is the most extreme intervention in family life because it permanently severs the legal relationship between a child and their birth family.
• It is a last resort, only permissible when no other realistic option can meet the child’s welfare needs throughout their life.
• Courts must apply a proportionality test, ensuring that the interference with family life under Article 8 of the European Convention on Human Rights is justified.

Exploring All Other Options First

Before concluding that adoption is necessary, the court must rigorously examine:

Parental care with support: Can the child remain with birth parents if additional help is provided?

Kinship care: Are there relatives or close family friends who can offer a safe and stable home?

Special Guardianship or Long-Term Foster Care: These options preserve some legal and emotional ties with the birth family.

Only when these alternatives are assessed and found unsuitable can adoption be considered proportionate

 Placement Orders

If parents do not consent to adoption, the local authority must apply for a placement order during care proceedings. This allows the child to be placed with prospective adopters even without parental agreement. The court will only grant this if:

The threshold for significant harm under section 31 of the Children Act 1989 is met.

Adoption is deemed the best option for the child.

The Court, if it finds that adoption is the best option, has the power to dispense with a parent’s consent if the welfare of the child requires it.

 Role of the Family Court

• Reviews the local authority’s care plan and evidence.
• Considers whether to dispense with parental consent under section 52 of the Adoption and Children Act 2002 if the child’s welfare requires it.
• Appoints Cafcass officers to prepare reports and, where necessary, act as Reporting Officers to confirm consent.
• – Decides on post-adoption contact under section 51A of the 2002 Act, balancing openness with stability.

Open Adoption and Post-Adoption Contact

Traditionally, adoption in England and Wales has been “closed,” but courts now recognise that maintaining some level of contact can benefit the child’s identity and emotional well-being.

Under section 51A of the Adoption and Children Act 2002, the court may order:

• Indirect contact (letters, photos, updates).
• Direct contact, where safe and in the child’s best interests.
•  

The Court will try to balance:

• The child’s need for permanence and security.
• The benefits of maintaining identity and family links.
• Risks of undermining the adoptive placement.

Adoption within care proceedings is a measure of last resort, taken only when all other options have been exhausted. The Family Court’s paramount consideration is the child’s welfare throughout their life, ensuring decisions are made with care, transparency, and sensitivity to lifelong implications. If you are in need of representation for Court proceedings concerning your child then please do not hesitate to contact us and we will be happy to assist.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.