Foster Parents Cannot Prevent Adoption Elsewher

Posted: 15th July 2011

When children are placed with foster parents, responsibility for them remains with the local council and the council retains the right to remove the children to a new foster home or to other prospective adopters. This right persists even if the foster parents have made an application to adopt a fostered child.

The position is laid out clearly enough in the relevant statute, so it was a surprise indeed for Coventry Council when a judge gave foster parents who wished to adopt the children in their care an injunction to prevent the Council from removing them to the home of prospective adopters.
In the absence of the Council’s decision to remove the children being shown to be irrational, disproportionate, unlawful or a breach of human rights, it could not be overturned.
The Council’s argument that a child is placed for adoption when the decision was made to place them for adoption was not accepted however, the court ruling that a child is placed for adoption when he begins to live with the prospective adopters.