Three members of Chambers involved in reported case before Ms. Justice Harris

Ben Clulee, Vickie Hodges and Laura Martin were instructed in a final hearing before Harris J in proceedings under the Adoption and Children Act 2002. The proceedings began with an application for an Adoption Order in relation to a young boy. The birth parents successfully applied for leave to oppose the making of an Adoption Order and made subsequent applications under s26 and s51A of the Adoption Children Act 2002 for ongoing sibling and parental contact. 

At the final hearing, the Adoption Order was eventually not actively opposed and the hearing focused on the issue of post adoption contact between the siblings and their birth mother in circumstances where the imposition of an order for direct contact, at that time, was opposed by the adoptive parents, the local authority and the children’s guardian. There was, however, a recognition some direct contact could be beneficial to the subject child, and his siblings, in the future. 

The judgment provides a summary of relevant statute, case law and research in relation to post adoption contact. The case highlights the importance of continuing social work through the Adoption Agency Support Team following Adoption Orders to include: 1) a plan of periodic reviews of birth family contact arrangements, and 2) professional support during any progression of contact beyond the initial indirect arrangements.

After limited oral evidence , the parties agreed a framework which recognised the current focus of the child settling into his adoptive family but that it was his best interests, and those of his siblings, to have limited direct contact in the future. 

Harris J highlighted 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 children’s needs do not end with the making of a final adoption order.

The detailed framework identified 3 stages which incorporated: meetings between the birth mother and adoptive parents, adoption counselling support services, exchange of letterbox contact and photographs, reciprocal video recordings, progression to video calls and direct contact if appropriate, provision of therapeutic life story work from the Adoption Support Team, formal review meetings and annual updates to the birth mother.  

Harris J endorsed the framework, annexed to the judgment, which is a useful tool for practitioners in similar cases when looking at any progression of contact with birth family throughout a child’s minority.