The Court of Appeal has ruled that an adoption order separating a three-year-old girl from her half-sister was not the right option for her future wellbeing. 

Case Background 

The proceedings concerned a girl, referred to as N, and her half-sister (G), aged eight. The children shared the same mother but had different fathers. In March 2022, the children were found living in dangerous conditions and were taken into police protection. The local authority began care proceedings, and the girls were placed together in foster care. The judge made a child arrangement order for G to live with her father and a care order for N, intending long-term foster care for N. 

Judge’s Initial Decision 

The judge dismissed the local authority’s application for a placement order for N, noting the close relationship between the sisters. He doubted a placement could be found that would support ongoing sibling contact and concluded that long-term fostering was the better option for N. 

Court of Appeal’s Decision 

The local authority appealed, arguing that the weight given to the sibling relationship was excessive. The Court of Appeal upheld the judge’s decision, emphasizing that the child’s welfare throughout her life was paramount, as per the Adoption and Children Act 2002. The court must consider the child’s relationships with relatives, the likelihood of these relationships continuing, and their value to the child. 

The judge’s conclusion that long-term fostering was better than adoption for maintaining the sibling relationship was deemed appropriate.