Judge criticises Mackenzie Friend over timing of application to revoke adoption order – Local Government Lawyer

‘A disputed adoption case has highlighted the problems of reliance on a Mackenzie Friend rather than a solicitor in proceedings, a Family Division judge has suggested.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

When a case is described finely balanced, how important are the children’s expressed wishes and feelings? Dorset Council v M & Ors (Removal : Balance of Harm) [2021] EWFC B43 – Transparency Project

Posted September 8th, 2021 in adoption, care orders, children, families, family courts, fostering, local government, news by sally

‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’

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Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Revocation of adoption orders – Local Government Lawyer

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

How not to conduct a placement application (part 2) – Local Government Lawyer

Posted August 13th, 2021 in adoption, appeals, children, families, local government, news, placement orders by tracey

‘Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options – Local Government Lawyer

Posted July 14th, 2021 in adoption, appeals, care orders, children, families, judges, local government, news by tracey

‘The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Newborn care report sparks judicial response – Law Society’s Gazette

‘Judges are to investigate the use of urgent hearings in proceedings involving babies, after a study found that 85% of mothers in cases involving newborns being taken into care were given less than seven days’ formal notice.’

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Law Society's Gazette, 4th June 2021

Source: www.lawgazette.co.uk

‘Overwhelming and emotionally traumatic’: 1 in 6 new mothers only given a day’s notice of care proceedings, research says – The Independent

‘One in six mothers involved in care proceedings over the last year were given just a day’s notice of a court hearing to decide whether their newborn child would be taken into care, according to research. The vast majority of such women in England and Wales receive less than one week’s notice, new analysis shows.’

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The Independent, 5th June 2021

Source: www.independent.co.uk

Postcode lottery for baby care orders – judge – BBC News

‘Care order applications are usually made when social workers decide a mother is unable to look after her child on her own. The baby will probably go into foster care and it may be adopted.’

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BBC News, 4th June 2021

Source: www.bbc.co.uk

High Court judge clarifies position on adoption for co-parenting families where relationship has ended – Local Government Lawyer

Posted May 21st, 2021 in adoption, children, families, family courts, news by tracey

‘The Family Court has ruled that in co-parenting families one parent may adopt a child born to the other even if they are no longer partners.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

Fairness to birth parents in adoption hearings – Transparency Project

‘This case was an application by a birth mother for permission to appeal against a decision in the High Court that had refused her leave to apply to oppose an adoption order – Re S (A Child) [2021] EWCA Civ 605.’

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Transparency Project, 6th May 2021

Source: www.transparencyproject.org.uk

High Court judge revokes adoption orders after acknowledging “exceptional circumstances” – Local Government Lawyer

Posted May 6th, 2021 in adoption, care orders, human rights, local government, news by sally

‘A judge in the Family Division of the High Court has revoked adoption orders for an 18 year old (A) and a 16 year old (B) after concluding that there were “compelling highly exceptional and particular circumstances” that supported such a step.’

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Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Judge considers whether local authority obliged to assess members of ‘original family’ of mother who herself was adopted – Local Government Lawyer

Posted April 13th, 2021 in adoption, care orders, local government, mental health, news by sally

‘A Family Court judge has issued a ruling on whether, within public law proceedings, there was any obligation on a local authority to assess members of the biological/birth family of the mother of the subject infant child, where the mother herself was adopted as a child and raised by adoptive parents.’

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Local Government Lawyer, 12th April 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal by ex-magistrate over dismissal for views on adoption by same-sex couple – Local Government Lawyer

‘A magistrate and NHS trust board member who was dismissed over his views – based on his beliefs as a Christian – about the appropriateness of the adoption of a child by a same-sex couple, has lost two cases in the Court of Appeal.’

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Local Government Lawyer, 4th March 2021

Source: www.localgovernmentlawyer.co.uk

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

Family Law Newsletter – Spire Barristers

‘Issue #43 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella. Francesca is due to begin pupillage at Spire Barristers in September 2021.’

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Spire Barristers, 16th February 2021

Source: spirebarristers.co.uk

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

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Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk

Notification of Fathers and Wider Family Members in Relinquishment Cases: A Recap – Family Law Week

‘Olivia Kirkbride, a pupil barrister at Coram Chambers, considers two recent, contrasting cases in which mothers sought to relinquish newly born children without notifying the fathers and family members.’

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Family Law Week, 27th January 2021

Source: www.familylawweek.co.uk

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