BT & GT (Children: twins – adoption) [2018] EWFC 76

Lucy Reed

29 November 2018

Lucy Reed acted for the prospective adopters of a boy placed for adoption apart from his twin, following egregious failures in local authority decision making and multiple systemic failures in record keeping, and in the care planning for the twins. Relying upon expert evidence that it would now be damaging to remove either twin from their excellent adoptive placements in light of their profound need for stability, the extremely high quality care and love they were receiving from their prospective adopters and their commitment to direct contact between the twins, Mr Justice Keehan made adoption orders in respect of each twin in favour of their respective adopters.

At the prospective adopters invitation Mr Justice Keehan quashed the purported decision by the local authority to terminate the placement which had been improperly made. The court also separately made wide ranging declarations in respect of the breaches by the local authority of the human rights of both twins and all three prospective adopters. It awarded substantial damages to each twin and to the prospective adopters.