Katherine Duncan, barrister at Coram Chambers, has been featured in a recent family court judgment which provides an example as to how the family courts are dealing with orders for sibling contact post placement order and the importance of sibling contact in adoption proceedings. Mr Recorder Stott delivered the judgment at the Milton Keynes Family Court.
The local authority’s care plan for child U was care and placement orders. The care plan for U’s sibling, V, was a period of time to test whether she could live with her father (not the father of U).
After careful consideration, the court concluded that adoption was the only realistic and proportionate solution to ensure U’s welfare. Long-term fostering was rejected. The judge explained that fostering would not provide the permanence or emotional security U needs for healthy development.
Significantly, the judgment recognised the deep bond between U and his sister V. A placement order would sever the legal relationship with his sister for life. The court was satisfied that any adopters who could not see the value of an enduring sibling relationship between U and his sister, would not be the right carer for U. The court acknowledged the argument that this may reduce the pool of adopters, notwithstanding the work that has been undertaken with potential adopters in terms of the research that has been undertaken and the real benefits associated with a more open adoption. The court therefore made a s.26 contact order under the Adoption and Children Act 2002.
The court granted the care and placement order, dispensed with parental consent, and approved monthly contact between U and V before adoption. After placement with the prospective adopters, the court directed that the siblings must have at least three direct contact sessions each year, subject to a risk assessment.
Katherine Duncan’s involvement in this case highlights Coram Chambers’ ongoing work in complex family law matters. The judgment is available for download as a PDF below for those wishing to read the full decision.
