Adoption decisions in England: Re B (A Child) (Care Proceedings: Appeal) and beyond

Abstract

In Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33 the Supreme Court President emphasised that ‘adoption of a child against her parents’ wishes should only be contemplated as a last resort – when all else fails’ because of adoption’s draconian nature. Re B has been cited dozens of times by the lower courts in the short time since it was decided. The aim of this article is to assess whether the influence of Re B is a matter of substance or mere rhetoric.

Keywords:

• Child protection
• judiciary
• law reform
• children’s rights

Acknowledgements

An earlier version of this article was presented (under the title ‘The Impact of the UNCRC on Adoption Decisions in England: Re B (A Child) (Care Proceedings: Appeal) and Beyond’) at the International Society of Family Law’s Caribbean Regional Conference (organised in conjunction with the Bahamas Bar Association) in Nassau in November 2014. I am very grateful for the opportunity to present my work, and the comments of the participants, the anonymous referee and Helen Stalford. All errors are my own.