Case No. GL20P00553

(Care and Adoption: Assessment of Wider Family) [2019] EWFC 10, Cobb J reviewed statutory and practice guidance to that effect. Section 17 CA 1989 imposes a general duty upon local authorities to (a) safeguard and promote the welfare of children within their area who are in need; and (b) so far as is consistent with that duty, to promote the upbringing of such children by their families. Section 22C(8) creates a preference for the placing of children with an individual ‘who is a relative, friend or other person’ connected with the child who is also a local authority foster parent amongst a hierarchy of options, if a placement with a parent is not possible. 16.The local authority in its capacity as an adoption agency is also required to apply section 1(4) of the Adoption and Children Act 2002 when coming to any decision relating to a child. So too of course is the court. 17.S.1(4) ACA provides ‘The court or adoption agency must have regard to the following matters (among others) - ………. (c) the likely effect on the child (throughout his life) of having ceased to be a member of the original family and become an adopted person, ……….. (f) the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including— (i)the likelihood of any such relationship continuing and the value to the child of its doing so, (ii)the ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs, (iii)the wishes and feelings of any of the child’s relatives, or of any such person, regarding the child” 18.These provisions are supplemented by the Adoption Agencies Regulations 2005. Those Regulations are to be read alongside FPR 2010 PD14C. A decision to place a baby for adoption requires the agency to be satisfied that the child ought to be placed for adoption (s18(3)) which requires the application of section 1(2), 1(3) and 1(4). 19.In Re H above, in paragraph 22, Cobb J concluded that whilst there are strong indicators of the importance of wider family engagement, there are no provisions in the CA, ACA, or accompanying rules or associated Practice Directions which absolutely require or place a duty on a local authority to inform, consult, assess or otherwise consider members of the wider family of a child in circumstances such as these. 20.In that particular case, where there were care proceedings relating to a five month old boy whose parents were seeking his return to their care, the judge ordered that the paternal family should be informed of the child’s existence (against the wishes of the parents). In so doing, he relied upon the ethos of the CA 1989 which was plainly supportive of the involvement of the wider family in the child’s life, save where that outcome was not consistent with the child’s welfare. Given the absence of a de facto relationship between the child and grandparents, he did not make the decision based on Article 8 factors as he could not point to ‘the real existence in practice of close personal ties’;