OXFORDSHIRE County Council has failed in a bid to have a toddler placed for adoption after a judge ruled the little girl is better off with a woman she has never met.
The council went to the Court of Appeal to challenge a decision to let the two-year-old girl live with a family friend — referred to only as D — in line with the wishes of her parents, who are incapable of looking after her.
Oxfordshire’s lawyers argued a judge made a series of errors when he ruled that a placement with D would be “beneficial” to the girl, denying the council the adoption order.
But, dismissing the appeal, Lord Justice Thorpe said the family court judge was “entitled” to use his discretion – having formed the view that D is a “deeply impressive person”.
The appeal judge said the child was left needing care because her mother is “quite unable” to look after her and her father is facing a criminal prosecution.
Oxfordshire sought a court order that the child be taken into care and placed for adoption.
But, during proceedings in the family division of the High Court earlier this year, Mr Justice Hedley favoured a proposal — backed by both parents — that the child could be cared for by D.
Dismissing the appeal, Lord Justice Thorpe, sitting with Lord Justice Toulson, said D – who had never set eyes on the girl – “is supported by both parents and seems to be an admirable and unusual person”.
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