A and Another v Essex County Council
[2003] EWCA Civ 1848 · Court of Appeal
What happened: Following adoption, a child was accommodated by the local authority and spent time in residential placements. By the judgment he was living with his adoptive parents again. They brought a negligence claim concerning information withheld before placement.
What the court decided: The Court of Appeal dismissed both appeals. It upheld liability on a narrower basis: once the agency decided to provide information, it had to take reasonable care to ensure it was given and received. On these facts, liability remained limited to loss before the adoption order.
Why it matters to adoptees: The case records care after adoption followed by return to the adoptive home. It connects disclosure failures with understanding and meeting a child’s needs. The litigation concerned the adopters’ claim; it did not decide the child’s own potential claim.
Review limitations recorded
No exhaustive later treatment review; see source and review limitations.
Limitations: Not a permanent breakdown or second adoption. The court’s historical statements about adoption’s finality should not substitute for current authority. No exhaustive later treatment review.
Case details and sources
Adoptee involvement: The child was not a party to this negligence claim. The account comes through adults and court records.
Remedy sought: Appeal and cross-appeal dismissed; limited negligence liability upheld.
Legal route: Negligence claim by adoptive parents
Judgments in this case
- [2003] EWCA Civ 1848 · Court of Appeal · 2003-12-17 · Principal judgment
Sources checked
- Judgment reproduction (opens in a new tab)
Paragraphs 17–19, 56, 59–65 and 68–73 · Judgment
Review scope: Facts, outcome and adoptee relevance checked against the listed judgment passages. Not a permanent breakdown or second adoption. The court’s historical statements about adoption’s finality should not substitute for current authority. No exhaustive later treatment review.
Human verification pending. Entry: CASE-NEW-050.