Re B (A Child) (Care Order) [2013]

1. Facts:

• Case Background: A baby was placed in foster care by the Local Authority (LA) with plans for adoption. Concerns arose regarding the mother’s ability to care for the child due to her dysfunctional relationship with the step-father and a history of criminal offences.

• Mother’s Capacity: The LA argued that the child was likely to suffer significant harm if returned to the mother.

• Appeal: The parents appealed against the care order, claiming that the reasons provided were insufficient to justify the adoption plan without their consent.

2. Outcome:

• Court of Appeal Decision: The appeal was dismissed, affirming the care order.

• Supreme Court Decision: The case reached the Supreme Court, which upheld the Court of Appeal’s decision with a majority ruling of 4:1.

• Lady Hale’s Dissenting Opinion: Lady Hale dissented, arguing that:

◦ Strict Test for Severance: The test for severing the parent-child relationship is very strict and should only be used in exceptional circumstances.

◦ Proportionality: The interference with the parents' rights to respect their family life must be proportionate and justified. Adoption without parental consent should only occur where it is necessary and where no other options are viable.

3. Impact and Analysis:

• High Threshold for Adoption Without Consent: The case emphasises the high threshold required for severing parental rights and proceeding with adoption without parental consent. It underscores the principle that such actions must be justified by exceptional circumstances.

• Proportionality and Necessity: Lady Hale’s dissent highlights the importance of assessing the proportionality of care orders and adoption decisions, ensuring that any interference with family life is necessary and proportionate to the child's welfare needs.

• Legal Precedent: This case reaffirms the need for rigorous justification when overriding parental rights, contributing to the legal standards governing child welfare and adoption decisions.

• Balance of Rights: The decision illustrates the balancing act between protecting the child’s welfare and respecting the parents’ rights, ensuring that any decision to sever parental rights and proceed with adoption is thoroughly justified and not taken lightly.