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

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

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Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk

Tony Hudgell’s adoptive mother ‘over the moon’ that his abuser may stay in jail – The Independent

‘The adoptive mother of Tony Hudgell, a little boy who was tortured by his parents, has said she is “over the moon” that his birth mother may not be released from jail this week as planned.’

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The Independent, 11th August 2022

Source: www.independent.co.uk

Key information about adopting mother not shared before baby’s murder, report finds – The Guardian

‘Information about drinking, debts and mental health that could have prevented a baby boy being placed with an adopting mother who went on to murder him was not shared between agencies, an investigation has concluded.’

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The Guardian, 28th July 2022

Source: www.theguardian.com

Forced adoptions: Call for government apology to mothers – BBC News

Posted July 15th, 2022 in adoption, children, families, human rights, inquiries, news, select committees, women by tracey

‘Hundreds of thousands of unmarried women who were forced to give up their babies for adoption should receive a government apology, a report has said.’

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BBC News, 15th July 2022

Source: www.bbc.co.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Woman convicted of murdering baby she wanted to adopt – The Guardian

‘A former care worker who used physical force and lost her temper with a baby boy she was in the process of adopting has been found guilty of murder.’

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The Guardian, 17th May 2022

Source: www.theguardian.com

Herefordshire Council social services separated twins despite expert warnings – BBC News

‘Twins were wrongly split up for adoption after social workers altered an expert report warning of the harm of separation.’

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BBC News, 16th May 2022

Source: www.bbc.co.uk

Off into the Somerset – Local Government Lawyer

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Two new cases where parents try to stop adoptions – Transparency Project

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

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Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

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