Category: placement orders

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

Posted April 5th, 2022 in children, deprivation of liberty safeguards, news, placement orders, reports by sally

‘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

Posted April 1st, 2022 in adoption, appeals, children, families, family courts, judgments, local government, news, placement orders by sally

‘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

Posted March 21st, 2022 in adoption, appeals, care orders, children, families, local government, news, placement orders, statutory interpretation by sally

‘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

Posted December 14th, 2021 in children, deprivation of liberty safeguards, local government, news, placement orders, regulations, ultra vires by tracey

‘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

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

Posted November 12th, 2021 in adoption, appeals, care orders, children, families, fostering, local government, news, placement orders by tracey

‘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 issues ruling on use of inherent jurisdiction where placements will not or cannot comply with practice guidance issued by Family President – Local Government Lawyer

Posted November 10th, 2021 in children, families, family courts, jurisdiction, local government, news, placement orders by sally

‘A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division.’

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Local Government Lawyer, 9th November 2021

Source: www.localgovernmentlawyer.co.uk

The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

Posted November 2nd, 2021 in care orders, children, jurisdiction, local government, news, placement orders, prerogative powers by sally

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

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St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Judge criticises Mackenzie Friend over timing of application to revoke adoption order – Local Government Lawyer

Posted October 22nd, 2021 in adoption, children, families, legal representation, local government, McKenzie friends, news, placement orders by sally

‘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

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

Fairness to birth parents in adoption hearings – Transparency Project

Posted May 7th, 2021 in adoption, appeals, care orders, children, families, local government, news, placement orders by sally

‘This case was an application by a birth mother for permission to appeal against a decision in the High Court that had refused her leave to apply to oppose an adoption order – Re S (A Child) [2021] EWCA Civ 605.’

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Transparency Project, 6th May 2021

Source: www.transparencyproject.org.uk

Rare appeal allowed over refusal by judge to adjourn final care hearing – Local Government Lawyer

Posted April 12th, 2021 in appeals, care orders, children, domestic violence, families, local government, news, placement orders, pregnancy by tracey

‘A mother’s appeal of a decision by a family judge not to adjourn an imminent final hearing in care proceedings has been allowed in a “rare” case before the Court of Appeal.’

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Local Government Lawyer, 9th April 2021

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (March 2021) – Family Law Week

Posted March 26th, 2021 in care orders, children, criminal justice, documents, families, family courts, judgments, news, placement orders, recusal by tracey

‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’

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Family Law Week, 24th March 2021

Source: www.familylawweek.co.uk

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

Posted February 16th, 2021 in adoption, appeals, care orders, child abuse, domestic violence, local government, news, placement orders, travellers by sally

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

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Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk

Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer

Posted December 3rd, 2020 in adoption, local government, news, placement orders by tracey

‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

Posted May 5th, 2020 in appeals, care orders, family courts, live link evidence, news, placement orders, remote hearings by sally

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

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Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

Court of Appeal orders council to pay £12k costs contribution after great-aunt wins appeal over care and placement orders – Local Government Lawyer

Posted February 11th, 2020 in care orders, costs, local government, news, placement orders by sally

‘The Court of Appeal has ordered a local authority to make a contribution of £12,000 towards the costs of a great-aunt who won an appeal from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

Posted January 9th, 2020 in child abuse, children, codes of practice, deprivation of liberty safeguards, detention, family courts, financial provision, guardianship, mental health, news, placement orders, Supreme Court by sally

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

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Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

Family Law Newsletter #31 – Spire Barristers

Posted December 4th, 2019 in care homes, children, choice of forum, divorce, financial provision, news, placement orders by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd December 2019

Source: spirebarristers.co.uk

Court of Appeal gives guidance on Secure Accommodation Orders – Transparency Project

Posted December 2nd, 2019 in children, deprivation of liberty safeguards, news, placement orders, self-harm by sally

‘The local authority was applying for a secure accommodation order in respect of B (aged 15). B and her parents opposed this, mainly because the proposed placement was some distance away.’

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Transparency Project, 29th November 2019

Source: www.transparencyproject.org.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

Posted November 20th, 2019 in adoption, appeals, care orders, local government, news, placement orders, proportionality, reasons by sally

‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk