Re T (A Child) (Refusal Of Adoption Order) (2020)

[2020] EWCA Civ 797

02/07/2020

Barrister

Jane Rayson

Court

Court of Appeal

Practice Areas

Public Children Law

A judge had erred by dismissing an application by two grandparents for an adoption order in respect of their three-year-old grandchild. In taking the view that an adoption order was not necessary or proportionate because the existing special guardianship order was working well, the judge accorded undue weight to the fact that an adoption order would “skew” the child’s legal relationships, and failed to balance that against other factors. The court outlined the benefits of an adoption order as opposed to a special guardianship order in the child’s circumstances.

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