Holly Bates – represented children in case establishing new good practice guidance for post adoption contact.
Holly Bates, led by Nkumbe Ekaney KC, represented the two children (AB and C) through their Children’s Guardian in complex contested adoption and post adoption contact proceedings before Ms Justice Harris.
The case involved three siblings, AB, C and D, the biological children of the respondent mother.
Leave had been granted for the respondent mother to oppose the making of the adoption order in respect of AB. The mother subsequently pursued post adoption inter-sibling contact under section 51A Adoption and Children Act for the three children.
The family history was complex. C was the adopted child of PA. AB was born thereafter and placed alongside C in the care of PA. AB was the subject of an application for adoption. D was the youngest child born after AB had been removed from his mother's care. D remained in the care of his mother.
The advocates in the case broke new ground in crafting a post adoption contact expectations and review framework to traverse the chasm between no order for post adoption contact and an order being imposed on unwilling adopters.
Harris LJ notes in her judgement that "at the heart of the framework is recognition that adopted children and their families may need ongoing professional support and assistance to ensure the children’s sometimes complex needs are met throughout their childhoods and beyond". The framework provides a process for ongoing review of the children’s developmental needs and ongoing consideration of whether progression of contact is in their best interests with professional oversight and support.
Full article to follow.
Prospective Adopters v Lincolnshire County Council & Ors - Find Case Law - The National Archives