Re B (A Child) (Care Order: Proportionality)
[2013] UKSC 33
판결 이유
A care order with a plan for adoption — the most extreme interference with family life — can only be justified where 'nothing else will do'. The court must evaluate all realistic options and be satisfied that the intervention is necessary and proportionate under Article 8 ECHR.
사실관계
A local authority sought a care order with a plan for adoption in respect of a young child. The parents challenged the proportionality of the order.
판결 요약
The Supreme Court emphasised that adoption is the 'last resort' and can only be justified where nothing else will do. The court must conduct a proportionality analysis under Article 8 and consider all realistic placement options. A care order should not be made simply because the child might do better with an alternative family.
주요 인용문
"Adoption should only be contemplated as a last resort — where nothing else will do — when all else fails."
— Lord Neuberger
후속 처리
Applied in Re B-S (Children) [2013] which established the requirement for a proper analysis of all realistic options.