Today the Supreme Court handed down judgment in Re X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13. The appeal addressed a fundamental question about the permanence of adoption orders as well as the scope of the inherent jurisdiction of the High Court.  

The Supreme Court decided that there is no power under the High Court's inherent jurisdiction to revoke a properly-made adoption order and that an appeal is the only way such orders may be set aside.  The landmark judgment includes a detailed survey of the scheme for adoption and emphasises that the unique attribute of an adoption order, in contrast to any other order that may be made for the welfare of a child, is that it is final and permanent.

Andrew Norton KC with Elisabeth Richards from St Ives Chambers together with Sapna Jain, instructed by David J Foster & Co, appeared on behalf of the First Respondent.

Louise MacLynn KC and Tom Wilson represented the Secretary of State for Education acting as an intervener, instructed by the Government Legal Department.