Down Lisburn Health and Social Services Trust and another (AP) (Respondents) v H (AP) and another (AP) (Appellants) (Northern Ireland)

The case involved an appeal against the decision of the High Court to grant a freeing order for adoption for a child, Nina, born on April 19, 2002. The Down Lisburn Health and Social Services Trust, as the adoption agency, sought the order to free Nina for adoption after the parents, H and R, refused to consent to her adoption. The parents appealed against the decision of the High Court and the subsequent dismissal of their appeal by the Court of Appeal. The House of Lords, on appeal from the Court of Appeal, dismissed the parents' appeal. The central legal issue was whether the judge in the High Court could properly make a freeing order on the basis that the parents' agreement was unreasonably being withheld, when they did not yet know if post-adoption contact would be available. The House of Lords held that the judge was correct in making the freeing order, despite the uncertainty surrounding post-adoption contact. The judges considered that the welfare of the child was the paramount consideration, and the risk of the mother relapsing into alcohol abuse and the catastrophic consequences for Nina if that were to occur, outweighed the uncertainty about post-adoption contact. The House of Lords also held that the judge's decision was within the band of reasonable judicial decisions and should not be overturned by the appellate court. The final orders were to dismiss the parents' appeal and to allow the placement of Nina with prospective adopters who were willing in principle to allow contact between Nina and her parents.