Court Report: Appeal over adoption ruling

The mother (M) of child X appealed the decision that X should be put up for adoption. She had three older children, who had been adopted, but her prospects of caring for X had improved as her new partner (P) was able to assist her. P had two children of his own from a previous relationship, A and B, who were subject to a residence order to both their parents.

In 2011, P failed to return A and B to their mother following contact as he was concerned about their care. He left A and B with his mother. The judge, HHJ Swindells, was also the judge in X’s case. P’s actions came to her attention, and she was concerned about his decision to leave the children with his mother.

At a hearing relating to A and B, the parties agreed the children should remain in the care of P’s mother; however HHJ Swindells would not support this plan. Instead, she called on P to assume primary care of his daughters, and he agreed, requiring ?M to move out of their home to allow P to care for A and B.

In her appeal, M criticised HHJ Swindells for putting “extreme pressure” on P to assume care for his daughters. She also argued that the two cases should have been consolidated and the future of all three children together should have been considered. The result was a decision that would guarantee X would not be raised by M. The appeal was refused.