A (adoption; unreasonable withholding of consent)

[1]������� This is an application by Mr and Mrs S to adopt a child, A. Nothing should be reported which would identify either the child or the birth or foster family.

[2] ������ The child, A, was born on 23 February 2005.� She is now 6 years and 8 months old. Her mother, B, was just 17 at the time of her birth and was leading a chaotic lifestyle characterised by drug abuse and homelessness.� Social services were involved prior to the birth and A was placed in foster care with Mr and Mrs S within two days of her birth.� B had intermittent contact during 2005 but her lifestyle remained chaotic as a result of which a care order was made on 15 December 2005 with a care plan for adoption.

[5]������� In February 2008 the Trust lodged a freeing application. It is worth noting that the child had by this time been parented by Mr and Mrs S for three years and more than two years had passed since the care order had been made with a care plan of freeing for adoption. This delay in dealing with the issue of permanence for this young child was completely unacceptable and potentially very harmful for the child. I expect that systems have been put in place to ensure that delays in similar cases do not occur in future.

[11]����� The applicants ask me to find that the mother is unreasonably withholding her agreement to the adoption of children.� The leading authorities on the test of 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.

'Two reasonable parents can perfectly reasonably come to opposite conclusions on the same set of facts without forfeiting their title to be regarded as reasonable.'