On Wednesday 22nd April, the Supreme Court handed down its judgment in the case of Re X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13, addressing a fundamental issue concerning the permanence of adoption orders and the scope of the High Court’s inherent jurisdiction.
The Court unanimously held that the High Court does not have the power under its inherent jurisdiction to revoke a properly-made adoption order. It emphasised that an appeal is the only mechanism through which such orders can be set aside. This significant judgment underscores the final and permanent nature of adoption orders, distinguishing them from other orders concerning the welfare of a child.
Hannah Markham KC acted for the third respondent, X, leading Kara Cann of 3PB Barristers in the case. They were instructed by Anthony Collins Solicitors.
The Judgment can be viewed here and the Supreme Court Press Release here.
Further information
For more information from the family team, contact clerks@36family.co.uk
Involving Hannah Markham KC
