In the matter of EO (A Child)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2025/0202

Parties

Appellant(s)

The Mother

Respondent(s)

Issue

(1) Did the Inner House fail to take account of the fact an adoption order may only be partially effective in the UK and may not be effective in Italy, the state of the child’s continuing nationality? (2) In assessing the welfare of the child, was the Inner House wrong to reject the potential for lesser orders to be made in England, where the child is now habitually resident, that would leave his status and identity intact and consistent with his nationality? (3) Did the Inner House err in its application of article 21 of the United Nations Convention on the Rights of the Child (the “UNCRC”) by not regarding this as an inter-country adoption?

Facts

This appeal concerns a petition by AD to adopt a 9-year-old child, EO, who is of Italian and Nigerian nationality. In November 2016, EO’s mother and father (“the parents”) brought him and one of his brothers to Scotland from their home in Italy, where they were later joined by two older brothers who had been at school in Nigeria. Shortly afterwards, EO and his brothers were taken into care following allegations by the older boys of serious abuse at the hands of the parents. EO was around five months old at the time and has not been in the parents’ care since. There is a complex case history. Criminal proceedings were brought against the parents. The oldest son then retracted his allegations. Since the second oldest son’s evidence could no longer be corroborated, the parents were acquitted. There have been multiple family proceedings in relation to EO: (i) proceedings for a child protection order (a legal mechanism to safeguard children who may be at risk of harm or neglect) granted on 28 February 2017; (ii) referral to the children’s hearing (a hearing with jurisdiction to make orders in respect of children considered to be in need of protection, guidance, treatment or control); (iii) adoption proceedings. The adoption proceedings alone are the subject of this appeal. EO was initially placed with a foster carer in Scotland and he lived with her for almost 5 years. Over time the parents’ attendance at contact sessions with EO deteriorated. In February 2020 they returned full-time to Italy with their eldest child and were then prevented by Covid 19 from exercising contact. In recent years direct contact with EO has been precluded by order of the children’s hearing. In about 2021 a decision was taken to proceed to permanence care planning for EO (an effort to achieve permanent care for a child). In December 2021, EO was moved to a new “foster to adopt” carer, AD, who resides in England. EO now has a warm bond with AD, who provides a loving and stable family life for him. AD actively promotes a continuing relationship between EO and two of his brothers, one of whom (who suffers from a serious genetic condition) remains in Scotland. The two elder boys now reside outside the UK. Adoption of EO by AD has the support of agencies in both Scotland and England. The parents are and have always been opposed to the removal of their children, the findings made against them, and the jurisdiction of the Scottish authorities and courts to interfere with their family life. AD applied to adopt EO. The parents opposed AD’s application. In the Outer House, on 28 May 2025 Lord Stuart the Lord Ordinary made an adoption order under section 28 of the Adoption and Children (Scotland) Act 2007 (the “2007 Act”), authorising AD to adopt EO. The mother appealed, seeking to set aside the adoption order. On 1 October 2025, the Inner House refused the mother’s appeal. The mother and father now appeal to the Supreme Court.