High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Case Update: Surrogacy and Step-Parent Adoption applications – Spire Barristers

Posted March 6th, 2024 in adoption, chambers articles, children, families, news, surrogacy by sally

‘This case concerned two applications made by X and Y in relation to the child, Z, aged 3. Firstly, to vary or discharge a child arrangements order (made in August 2021) and secondly, for a step-parent adoption in favour of X. Both applications were opposed by Z’s mother, G, but supported by the Local Authority and Z’s Children’s Guardian. Taryn Lee KC of Spire Barristers acted for the 3rd Respondent, the Guardian.’

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Spire Barristers, 13th February 2024

Source: www.spirebarristers.co.uk

Judge criticises regular misunderstanding of Lady Hale’s “nothing else will do” adoption comment – Local Government Lawyer

‘It appears there is a regular misunderstanding or misapplication of the words of Lady Hale in the Supreme Court case of Re B that in relation to the test for adoption, “nothing else will do”, a Family Court judge has warned.’

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Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

Paternity leave is becoming more flexible – Local Government Lawyer

Posted February 6th, 2024 in adoption, families, news, paternity leave, regulations by tracey

‘David Leach sets out the key points for employers from new regulations affecting paternity leave.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Family President signals need for “radical departure” from current model of how courts consider contact with birth family after adoption – Local Government Lawyer

Posted November 23rd, 2023 in adoption, families, family courts, news, young persons by sally

‘The President of the Family Division, Sir Andrew McFarlane, has outlined a “pressing need” for courts and those who advise them to modernise the approach that is taken to supporting young, adopted persons by “enhancing the degree to which they may maintain some form of relationship with their birth family after adoption”.’

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Local Government Lawyer, 22nd November 2023

Source: www.localgovernmentlawyer.co.uk

Woman found guilty of murdering toddler she was adopting decade ago – The Independent

‘A woman has been found guilty of murdering a one-year-old child she was in the process of adopting.’

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The Independent, 9th November 2023

Source: www.independent.co.uk

High Court finds father in contempt of court over covert recording of adoption proceedings relating to his child – Local Government Lawyer

Posted November 1st, 2023 in adoption, audio recordings, contempt of court, family courts, internet, news by sally

‘The High Court has found that a father made a covert audio-recording of a substantive court hearing in adoption proceedings, and within a few days, disposed of the recording and associated documents to another “with a view to their publication on YouTube”.’

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Local Government Lawyer, October 2023

Source: www.localgovernmentlawyer.co.uk

Court accidentally gave adoption family details to birth father – Law Society’s Gazette

‘The Ministry of Justice has been ordered to improve its systems after details of parties in an adoption process were leaked to the birth father. The data breach happened despite the court judge directing that the father be excluded from proceedings as he posed a risk to the family concerned.’

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Law Society's Gazette, 11th September 2023

Source: www.lawgazette.co.uk

Judge directs local authority not to tell maternal or paternal families about placement of twins for adoption – Local Government Lawyer

Posted August 3rd, 2023 in adoption, families, Islam, news, notification, placement orders by sally

‘A deputy High Court judge has agreed that a local authority need not tell any family members about twins being placed for adoption.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer

Posted August 2nd, 2023 in adoption, care homes, children, equality, fostering, local government, news by sally

The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted July 7th, 2023 in adoption, children, families, news by tracey

‘The making of an adoption order changes a child’s family law status and legal identity forever, and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation. It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan. That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 6th July 2023

Source: www.familylaw.co.uk

New Acts – legislation.gov.uk

2023 c. 18 – Carer’s Leave Act 2023

2023 c. 17 – Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Source: www.legislation.gov.uk

Children public law case update: May 2023 – Local Government Lawyer

‘Jennifer Frost rounds up the latest public law children cases of interest to practitioners.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Adequacy of reasons and the approach to clarification – Local Government Lawyer

‘The Court of Appeal has handed down a key ruling on the adequacy of reasons in a judgment in care proceedings, and the approach that should be taken to clarification, writes Jennifer Youngs.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted April 17th, 2023 in adoption, appeals, consent, families, local government, news by tracey

‘The making of an adoption order changes a child’s family law status and legal identity forever,1 and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation.2 It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan.3 That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 13th April 2023

Source: www.familylaw.co.uk

Court of Appeal rejects claim by mother Family Court should not have made placement order after her lawyers withdrew at advanced stage – Local Government Lawyer

‘The Family Court did not act unfairly when a judge refused to adjourn an adoption case when the mother’s solicitors withdrew at a late stage, the Court of Appeal had decided.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Judge rules birth father should have been notified of existence of child but accepts he cannot force mother to reveal his identity – Local Government Lawyer

Posted February 23rd, 2023 in adoption, birth, children, identification, news, notification, paternity by sally

‘A Family Court judge has said he cannot compel a mother to disclose the identity of a toddler’s birth father, even though he should have been told of the child’s existence before adoption proceedings are completed.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

Reopening findings of fact: fairness of hearing – Local Government Lawyer

Posted February 17th, 2023 in adoption, care orders, child cruelty, child neglect, children, families, local government, news by tracey

‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Ministry of Justice widens scope of legal aid to cover looked-after children with SEN – Local Government Lawyer

‘The Ministry of Justice has changed the law so that foster parents and approved prospective adopted parents bringing SEND appeals on behalf of a looked-after child will “not be means assessed”.’

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Local Government Lawyer, 14th February 2023

Source: www.localgovernmentlawyer.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk