RM (Freeing Order)

[1] Nothing must be reported concerning this case which would serve to identify the children or the mother with which this case is concerned.

[2] This is an application for a freeing order in respect of two children, TM born in April 2005 and RM born in September 2006. There is a substantial history of social services involvement with the family. The father is deceased. The mother has given birth to 9 children. Six of these children live together, the oldest being now twenty years old. One child is placed with friends and family. The children the subject of this application are the mother's youngest children.

[4] In June 2009 both children were moved into the care of prospective adopters where they have remained since. They continue to enjoy monthly contact with the mother which the Guardian considers the mother has managed very well. The Guardian recognises, however, that the mother would be unable to meet the children's needs over a prolonged period.

[5] The mother does not consent to the freeing application. The Guardian considers that she is unable to bring herself to do so although she recognises that none of her 9 children are in her care. She has not engaged with her legal advisers since April 2010. The relevant law is to be found in articles 9, 16 and 18 of the Adoption (Northern Ireland) Order 1987.

[6] The Trust asked me to find that the mother is unreasonably withholding her agreement to the adoption of children. The leading authorities on the test that the court should apply are Re W (An Infant) [1971] 2 AER 49, Re C (a minor) (Adoption: Parental Agreement, Contact) [1993] 2 FLR 260 and Down and Lisburn Trust v H and R [2006] UKHL 36 which expressly approved the test proposed by Lords Steyn and Hoffmann in re C.