Category: adoption
Court win for smack row parents – BBC News
“A couple who told social workers they had the right to smack their adopted son have won the right to a re-hearing in a bid to adopt his sister, aged two.”
BBC News, 4th November 2008
Source: www.bbc.co.uk
Are judges ‘cautious’ about human rights? – Daily Telegraph
“Law lord says they should boldly go where the European Court of Human Rights fears to tread, even if this will mean unmarried couples in Northern Ireland applying to adopt.”
Daily Telegraph, 31st October 2008
Source: www.telegraph.co.uk
In re S (a Child: Adoption) – Times Law Reports
Court of Appeal
“It was wrong to focus on whether a carer was a ‘potential’ rather than a ‘prospective’ adopter when considering whether to revoke a placement order placing a child for adoption.”
The Times, 27th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
In re S (A Child) – WLR Daily
In re S (A Child); [2008] WLR (D) 308
“When considering whether to revoke a placement order placing a child for adoption with prospective adopters, it was wrong to focus on whether the carers were ‘potential’ adopters.”
WLR, 8th October 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
MJ and Another v Neath Port Talbot County Borough Council – Times Law Report
MJ and Another v Neath Port Talbot County Borough Council
Court of Appeal
“Flaws in an adoption panel’s decision-making process could not be cured by a subsequent hearing in court.”
The Times, 21st August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Haringey London Borough Council v MA – WLR Daily
Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250
“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”
WLR Daily, 24th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re P (Adoption: Unmarried couple) – Times Law Reports
In re P (Adoption: Unmarried couple)
House of Lords
“Regulations governing the adoption of children in Northern Ireland which prevented the consideration of an unmarried couple as potential adoptive parents were in breach of the couple’s rights to a family life, under article 8 of the European Convention on Human Rights and article 14, prohibiting discrimination.”
The Times, 23rd June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
In re P (Adoption: Unmarried couple) – WLR Daily
In re P (Adoption: Unmarried couple) [2008] UKHL 38; [2008] WLR (D) 198
“Arts 14 and 15 of the Adoption (Northern Ireland) Order 1987, which prevented an unmarried couple from being considered as potential adoptive parents, were incompatible with the couple’s rights under articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 19th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
SB v X County Council – Times Law Report
Court of Appeal
“In contentious adoption cases, where the court was dispensing with parental consent, the question of any contact between the children and their family members was for the court and not the local authority to resolve.”
The Times, 29th May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
S-H v Kingston upon Hull City Council and Another – Times Law Reports
S-H v Kingston upon Hull City Council and Another
Court of Appeal
“In order to decide whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the correct test to be applied by the court was whether, in all the circumstances, including the parents’ prospects of securing revocation and the child’s interests, leave should be given.”
The Times, 28th May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
SB v A County Council – WLR Daily
SB v A County Council [2008] EWCA Civ 535; [2008] WLR (D) 160
“A judge considering dispensing with parental consent to adoption had to focus on the child’s welfare ‘throughout his life’, to emphasise that adoption, unlike other forms of order, was something with lifelong implications.”
WLR Daily, 21st May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
S-H v Kingston upon Hull City Council and another – WLR Daily
S-H v Kingston upon Hull City Council and another [2008] EWCA Civ 493; [2008] WLR (D) 154
“When deciding whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the court should ask itself the question whether, in all the circumstances, including the parent’s prospect of success in securing revocation and the child’s interests, leave should be given.”
WLR Daily, 16th May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
C v East Sussex County Council (Adoption) – Times Law Reports
C v East Sussex County Council (Adoption)
Court of Appeal
“While Parliament had given social workers wide powers, which they must not abuse, they had to remember that the court was the ultimate arbiter of what was in the best interests of a child.”
The Times, 9th May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.
Judges condemn ‘foul play’ on adoptions – The Times
“Two senior judges have strongly criticised a local authority that forced through the adoption of a baby girl against the wishes of her father.”
The Times, 2nd May 2008
Source: www.timesonline.co.uk
Man jailed for helping wife flee social services – Daily Telegraph
“A father has been jailed for helping his pregnant wife flee abroad because she was terrified that social services would take her baby.”
Daily Telegraph, 8th February 2008
Source: www.telegraph.co.uk
Public law family fees – Ministry of Justice
“A consultation on the government’s strategy for developing the fees system in the civil and family courts of England and Wales. The consultation sets out proposals to:
- make changes to court fees in relation to Public Law Children Act process
- make changes to fees charged for Adoption proceedings.”
Public Law Family Fees Consultation Paper (PDF)
Questionnaire (Word)
Ministry of Justice, 19th December 2007
Source: www.justice.gov.uk
In re C (A child)(Adoption: Local authority duty) – Times Law Reports
In re C (A child)(Adoption: Local authority duty)
Court of Appeal
“There was no duty on a local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care where mother wished to place the child for adoption.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available on Times Online for 21 days from the date of publication.
Surrogacy loophole that let 20 babies be taken abroad – The Guardian
“Twenty babies born to British surrogate mothers have been taken abroad unlawfully by the foreign couples who commissioned them because of an oversight by British courts, it emerged yesterday.”
The Guardian, 5th December 2007
Source: www.guardian.co.uk
In re C (A Child)(Adoption: Local Authority’s Duty) – WLR Daily
In re C (A Child)(Adoption: Local Authority’s Duty) [2007] EWCA Civ 1206
“S 1 of the Adoption and Children Act 2002 did not impose a duty on the local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care in circumstances where the child had been conceived as a result of a fleeting relationship and the mother wished to place the child for adoption.”
WLR Daily, 26th November 2007
Source: www.lawreports.co.uk
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.