Re R and C (Adoption or Fostering)

Re R and C (Adoption or Fostering)

[2024] EWCA Civ 1302 · Court of Appeal

What happened: The court had to decide between adoption and fostering for two children whose relationships with siblings were important. The appeal examined whether preserving those relationships required a fostering plan, or whether adoption could proceed with meaningful continuing contact. It was a comparison of the available arrangements for these children, rather than an abstract choice between two systems.

What the court decided: The appeal succeeded and the court made placement orders, allowing the children to be placed for adoption, with provision for sibling contact. The court rejected the assumption that adoption necessarily meant the end of continuing family relationships. The contact frequency in this case was not made a standard for other children.

Why it matters to adoptees: Sibling relationships can be treated as part of a child's future, rather than merely a connection to a past left behind. The case supports asking what an adoption plan says about preserving those relationships in practice. But it was a decision authorising placement for adoption, not a finding that adoption always preserves family ties or is always preferable to fostering. Later guidance warns against copying its contact arrangements without an individual assessment.

Limitations: The six annual visits in this case are not a standard entitlement. This was a decision on these children’s circumstances, not proof that adoption is always preferable to fostering.