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

Ombudsman criticises London borough over failures as corporate parent to former looked-after child who alleged abuse – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has said the London Borough of Lewisham exposed a former looked after child to “significant harm” after it failed to address her claims of abuse while in foster care properly.’

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Local Government Lawyer, 22nd June 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

Court of Appeal allows appeal over decision by Family Court judge not to separate mother and baby – Local Government Lawyer

Posted April 15th, 2021 in appeals, children, fostering, local government, news by sally

‘The Court of Appeal has allowed an appeal by a local authority over a judge’s decision not to separate a mother and a baby.’

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Local Government Lawyer, 15th April 2021

Source: www.localgovernmentlawyer.co.uk

Judge orders children to be taken into long-term foster care over concerns about weight – Local Government Lawyer

‘A Family Court judge has made a care order for two children described as “severely overweight” to be taken into long-term foster care, following an application by West Sussex County Council.’

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Local Government Lawyer, 15th March 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Vulnerable teen given tent to live in, watchdog report finds – BBC News

Posted December 10th, 2020 in care orders, children, fostering, news, ombudsmen, reports by tracey

‘A teenager given a tent to live in, and a child denied the chance to say “goodbye” to his dying mother feature in a report revealing heart-breaking decisions about children in care.’

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BBC News, 10th December 2020

Source: www.bbc.co.uk

Court of Appeal highlights need for early legal advice where adoption placements near point of breakdown – Local Government Lawyer

Posted December 1st, 2020 in adoption, appeals, fostering, local government, news, notification by sally

‘The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.’

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Local Government Lawyer, 30th November 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on changing nationality of children in care – Local Government Lawyer

‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

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Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk

One size fits all? – No. 5 Chambers

‘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.’

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No. 5 Chambers, 30th June 2020

Source: www.no5.com

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Watering down children’s rights – Doughty Street Chambers

‘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.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

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UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers

‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk