‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’
Spire Barristers, 19th November 2020
Source: spirebarristers.co.uk
‘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.’
Local Government Lawyer, 13th November 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Transparency Project, 26th October 2020
Source: www.transparencyproject.org.uk
‘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”.’
Local Government Lawyer, 21st September 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
BBC News, 22nd September 2020
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 17th September 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Panopticon, 7th August 2020
Source: panopticonblog.com
‘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.’
Transparency Project, 31st July 202
Source: www.transparencyproject.org.uk
‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’
Family Law, 28th July 2020
Source: www.familylaw.co.uk
‘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.’
No. 5 Chambers, 30th June 2020
Source: www.no5.com
‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’
Local Government Lawyer, 9th July 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 22nd June 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Doughty Street Chambers, 19th May 2020
Source: insights.doughtystreet.co.uk
‘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.’
St Ives Chambers, 27th May 2020
Source: www.stiveschambers.co.uk
‘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.’
Local Government Lawyer, 29th May 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 12th May 2020
Source: www.localgovernmentlawyer.co.uk
‘On Friday 24 April 2020, the Government passed a statutory instrument making potentially significant changes to the Care Planning, Placement and Case Review Regulations 2010, and the obligations on local authorities imposed by those regulations. In addition to the amendments to the 2010 Regulations, other regulations were amended including the Adoption Agencies Regulations 2005, and the Fostering Services Regulations 2011. This briefing note summarises the main changes to the requirements for local authorities.’
Spire Barristers, 28th April 2020
Source: spirebarristers.co.uk
‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’
Local Government Lawyer, 1st May 2020
Source: www.localgovernmentlawyer.co.uk
‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’
Transparency Project, 3rd May 2020
Source: www.transparencyproject.org.uk
‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
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