A v Adopt: ‘an important warning for Local Authorities in adoption cases’

Sylvie Armstrong 1GC Family Law

The Judgment of Mrs Justice Theis DBE in the case of A v Adopt London North & Ors (‘A v Adopt’) spotlights the shortcomings of the Local Authority in understanding its statutory obligations in respect of adoption support and what is required to ensure adequate assessment of the adoptive family for said support.

This case concerned the private adoption applications of A the maternal aunt of three subject children: sixteen-year-old twin boys and their fourteen-year-old sister. Theis J oversaw the proceedings from application to final order and made a number of interim directions requiring the Local Authority to further assesses and consider the adoption support available to A. In making those interim directions and ultimately the final adoption order in favour of A Theis J was critical of the Local Authority’s approach and provided clarity as to what is required.

This article explores the approaches taken by local authorities in agency adoptions versus non-agency adoptions and special guardianship cases and what other external services exist to try and fill the gap in support available.