Supreme Court judgment: Re X and Y (Children: Adoption Order: Setting Aside)

The Supreme Court has handed down judgment in Re X and Y (Children: Adoption Order: Setting Aside) [2026] UKSC 13, in which Lorraine Cavanagh KC and Daniel Currie appeared on behalf of the Association of Lawyers for Children alongside Victoria Roberts of Coram Chambers, instructed by Forum Shah of Dawson Cornwell.
The judgment concerned whether the court has any jurisdiction to set aside a validly made adoption order other than by way of an appeal. The Supreme Court decided there is no such jurisdiction, in accordance with the submission of the Association of Lawyers for Children, Secretary of State for Education and the other interveners. The judgment contains an important discussion of the law in relation to use of the inherent jurisdiction of the High Court.





