A YORK couple are vowing to go to court rather than accept City of York Council’s assertion that legally, their 11-year-old adopted daughter is NOT their daughter.

Simon Skempton and his Russian wife Anna have accused the council of an ‘almost two-year ongoing campaign of threats and harassment’ and an ‘abuse of human rights’.

But the authority insists that, because Anna legally adopted the little girl in Russia, the adoption is not recognised in British law.

It says it has a duty to carry out a ‘private fostering assessment’ to ensure that the girl, who The Press has chosen not to name, is being properly looked after.

Simon and Anna adopted the little girl in Russia, where they were the living, in 2011. She was nine months old.

Under Russian law Simon, as a British citizen, could not be recognised as the girl’s adoptive father. But Anna legally became her adoptive mother.

In 2016, Simon came to York to take up a teaching job at the University of York.

Anna and their daughter followed in 2017, on spousal visas. The little girl goes to a York primary school.

An official from the UK’s Visas and Immigration office has confirmed to York Central MP Rachael Maskell that the Home Office accepts Anna’s relationship as the mother of her daughter.

So the couple were shocked when they were told by the city council that, under UK law, they were nevertheless not legally the little girl’s parents.

In an email to Anna in June 2020, a senior council official wrote: “Adoptions made in Russia are not automatically recognised in the UK and therefore currently by UK law neither yourself or your husband have parental responsibility for your daughter.”

The official added that in the circumstances, the authority had a responsibility to carry out a ‘Private Fostering assessment’ to ensure that the girl was being properly cared for.

Simon and Anna refused to accept this, insisting their daughter is theirs.

In a follow-up email, the council offered the couple the option of applying to adopt their daughter again through the UK system.

“There would then be an adoption assessment ...and if that is positive and the court agree, an Adoption Order could be made that would grant you both Parental Responsibility,” the letter said.

But it added: “Until an Adoption Order is made...City of York Council have a responsibility to assess the private fostering arrangement and to complete monitoring visits.”

But Simon insists the couple will not go through the process of adopting their daughter again.

“Why should we go through a one-year-long process of re-adopting a child who has been a member of this family for 10 years?” he said.

The council has now threatened the family with court action unless they allow a fostering assessment to take place.

In a complaint to the local authority ombudsman, which was not upheld, Simon accused the council of an ‘almost two-year ongoing campaign of threats and harassment’ and an ‘abuse of human rights’.

He said the last two years had been hugely stressful for his family, and they had decided to speak to the media as a last resort. “It is not what we wanted to do. But she is our daughter. She has been out daughter for 10 years. We are ready to go to court to prove that.”

In a statement, City of York Council said: “Russia is neither a Hague Convention country nor listed as a “designated country”, meaning that unfortunately - while the Home Office recognises the family for immigration law purposes - we cannot recognise anyone in these circumstances for the purposes of English adoption law.

“We recognise this is far from ideal for any family. Our main priority is to ensure that this family is supported and can maintain their family life with as little disruption as possible, and we are keen to work with them to ensure this happens.”