A family court judge has expressed ‘very great concern’ over the ‘significant’ delay in adoption support plans for three ‘vulnerable’ siblings being adopted by their aunt.

Mrs Justice Theis credited the ‘tenacity and expertise’ of the aunt’s legal team for its pro bono work in reaching an agreement with the local authority. In A v Adopt London North & Ors, an aunt, referred to as A in the judgment, made adoption application in February 2023 in relation to her late sister’s three children.

The applications took more than 18 months to conclude ‘as a result of the local authority’s failure to understand its statutory obligations in respect of adoption support and to properly assess the family for that support’, the judgment said. It added: ‘The delay caused by this misunderstanding has been detrimental to the children’s welfare as it has prevented final decisions being made for orders which there is no dispute their lifelong welfare needs require.’

The judge acknowledged that A had ‘the benefit of a legal team who are recognised experts in this area of the law, but even with the level of expertise it has still taken over twelve months for an adoption support plan to be presented that complies with the legal obligations of the local authority’.

‘The court is extremely grateful to Mr Wilson and Ms Dally who acted pro bono in relation to advising A.’

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Making the adoption orders, the judge said the evidence ‘makes clear’ A is able to meet each child’s welfare needs to a high standard’.

She added that though the issues regarding an adoption support plan had ‘finally’ been resolved it was ‘of very great concern that it has taken twelve months, and that part of that delay was caused by a fundamental misunderstanding by the local authority of the relevant legal framework that governed the assessments for such support’.

She said: ‘It was only through the tenacity and expertise of A’s legal team and two letters before action that the situation now has been reached where agreement was possible. That additional significant delay and lack of certainty has been contrary to the welfare needs of these three vulnerable children.’

 

Tom Wilson, instructed by Goodman Ray, appeared for A. Eléonore Berthelsen, appeared for Adopt London North, the first respondent,  and Lina Khanom, instructed by CAFCASS Legal, appeared for the children’s guardian for the three children.