Family President issues revised practice guidance on approach of court to unregistered placements – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.’

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Local Government Lawyer, 12th October 2023

Source: www.localgovernmentlawyer.co.uk

Judge refuses to make deprivation of liberty order where local authority feared termination of placement if none made – Local Government Lawyer

‘A judge has refused a local authority’s application for authorisation of arrangements which have resulted in a teenage girl being deprived of her liberty whilst residing at a children’s home.’

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Local Government Lawyer, 6th September 2023

Source: www.localgovernmentlawyer.co.uk

Catherine Ellis Considers the Recent CA Case of G&H (Leave to Revoke Placement Order) [2023] EWCA Civ 768- Pump Court Chambers

‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’

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Pump Court Chambers, 27th July 2023

Source: www.pumpcourtchambers.com

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

Court of Appeal finds recorder was wrong to decide there was no necessity for psychological assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against care and placement orders made in respect of her son, after finding the recorder was wrong to decide that there was “no necessity for a psychological assessment”.’

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Local Government Lawyer, 11th July 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

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.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

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Judge approves unlawful placement for girl, 13, at risk of suicide – The Guardian

‘A 13-year-old girl at risk of suicide and in the care of Manchester city council has languished in hospital for more than three months due to a lack of suitable placements anywhere in the country.’

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The Guardian, 12th October 2022

Source: www.theguardian.com

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

Judge dismisses bid by council for unadmitted allegations to be tried, saying it would be “deplorable waste of resources” – Local Government Lawyer

‘A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Grandmother secures fresh hearing after Court of Appeal finds process that led to placement order deficient – Local Government Lawyer

Posted July 7th, 2022 in appeals, fostering, grandparents, news, placement orders by sally

‘An appeal from the Family Court at Liverpool must be allowed even though it would leave a boy aged two in a foster placement where he has already spent all his life, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.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

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

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Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

Children subject of deprivation of liberty applications spending “significant” amount of time in suboptimal placements, research highlights – Local Government Lawyer

‘It is evident that children who are the subject of applications to the Family Court to authorise a deprivation of liberty, are spending significant periods of time in “suboptimal” placements without the therapeutic support they need to make significant long-term improvements, according to a review of published judgments by the Nuffield Family Justice Observatory (NFJO).’

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Local Government Lawyer, 4th 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

High Court can still authorise deprivation of liberty of child in unregistered home in “imperative conditions of necessity”: Court of Appeal – Local Government Lawyer

‘The statutory scheme established by Section 22C of the Children Act 1989 does not allow unregistered placements, but does not expressly prohibit them, and in cases where conditions of imperative necessity require a child to be placed in such a setting, common law steps in and allows the High Court to exercise its inherent jurisdiction to authorise a deprivation of liberty, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th December 2021

Source: www.localgovernmentlawyer.co.uk