Family Division judge sets out future lessons for non-notification cases after dismissing application by local authority – Local Government Lawyer

Posted January 19th, 2021 in adoption, disclosure, local government, news, notification, paternity by sally

‘A High Court judge has set out lessons for the future in non-notification cases, after refusing to endorse a local authority’s decision not to disclose the existence of a 10-month-old boy to his father.’

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Local Government Lawyer, 18th January 2021

Source: www.localgovernmentlawyer.co.uk

Challenge upheld to Covid-19 changes to care regime for children – UK Human Rights Blog

Posted December 8th, 2020 in adoption, care orders, children, coronavirus, ministers' powers and duties, news by sally

‘The issue before the Court of Appeal was whether the Secretary of State for Education had acted unlawfully in failing to consult certain bodies representing children in care, including the Children’s Commissioner for England, before introducing the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (“the Amendment Regulations”) following the outbreak of the Coronavirus pandemic.’

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UK Human Rights Blog, 7th December 2020

Source: ukhumanrightsblog.com

Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer

Posted December 3rd, 2020 in adoption, local government, news, placement orders by tracey

‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal highlights need for early legal advice where adoption placements near point of breakdown – Local Government Lawyer

Posted December 1st, 2020 in adoption, appeals, fostering, local government, news, notification by sally

‘The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.’

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Local Government Lawyer, 30th November 2020

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter #41 – Spire Barristers

‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 19th November 2020

Source: spirebarristers.co.uk

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

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Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Challenging adoption – two recent cases – Transparency Project

Posted October 26th, 2020 in adoption, appeals, care orders, children, families, local government, news by sally

‘In this post, I am going to explain two recent decisions by the Court of Appeal about adoption. These are Re Y – which is about leave to oppose (I will explain), and Re JL which is about leave to revoke a placement order (I really will explain). These decisions are nothing special in terms of their wider relevance – they do not change the law in a landmark way, nor are they “disruptive judgments”. They are, however, useful in understanding what the law requires of local authorities and the courts in deciding whether a child should be adopted.’

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Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk

Judge orders placement for adoption for three children amid extreme over-reaction of parents to involvement of professionals – Local Government Lawyer

Posted September 23rd, 2020 in adoption, care orders, children, deceit, families, judges, local government, news by sally

‘A High Court judge has ordered that three children be placed for adoption after calling their mother “the most egregious liar I have ever encountered”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

‘Farcical’ legal hold-ups caused by ageing systems – BBC News

Posted September 22nd, 2020 in adoption, computer programs, coronavirus, delay, news by sally

‘When Louise Westra and her partner decided to adopt a child in November 2018, they were aware of the long process that was ahead of them, but they were not to know that the coronavirus pandemic would hold them back from completing the adoption of their son.’

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BBC News, 22nd September 2020

Source: www.bbc.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

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Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

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Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

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Family Law, 28th July 2020

Source: www.familylaw.co.uk

One size fits all? – No. 5 Chambers

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

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No. 5 Chambers, 30th June 2020

Source: www.no5.com

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

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Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer

Posted June 1st, 2020 in adoption, children, families, family courts, judges, local government, news by sally

‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’

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Local Government Lawyer, 29th May 2020

Source: www.localgovernmentlawyer.co.uk

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk