Re B (Children) (Care Order: Proportionality)
[2013] UKSC 33
Ratio Decidendi
Adoption without parental consent (a 'non-consensual adoption') requires the court to be satisfied that nothing else will do. It is a last resort and requires a proportionality analysis under Article 8 ECHR.
Fapte
Local authority care proceedings concerning a young child. The judge made a care order with a plan for adoption.
Rezumatul hotărârii
The Supreme Court emphasised that non-consensual adoption is a 'very extreme thing' requiring proper analysis. The court must evaluate all realistic options and be satisfied that adoption is necessary and proportionate.
Citate cheie
"Adoption of a child against his parents' wishes... is a very extreme thing, a last resort... only to be contemplated where nothing else will do."
— Lady Hale
Tratament ulterior
Leading authority on the proportionality requirement for non-consensual adoption.