Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted July 7th, 2023 in adoption, children, families, news by tracey

‘The making of an adoption order changes a child’s family law status and legal identity forever, and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation. It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan. That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 6th July 2023

Source: www.familylaw.co.uk

New Acts – legislation.gov.uk

2023 c. 18 – Carer’s Leave Act 2023

2023 c. 17 – Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Source: www.legislation.gov.uk

Children public law case update: May 2023 – Local Government Lawyer

‘Jennifer Frost rounds up the latest public law children cases of interest to practitioners.’

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Local Government Lawyer, 26th May 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

Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted April 17th, 2023 in adoption, appeals, consent, families, local government, news by tracey

‘The making of an adoption order changes a child’s family law status and legal identity forever,1 and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation.2 It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan.3 That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 13th April 2023

Source: www.familylaw.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

Judge rules birth father should have been notified of existence of child but accepts he cannot force mother to reveal his identity – Local Government Lawyer

Posted February 23rd, 2023 in adoption, birth, children, identification, news, notification, paternity by sally

‘A Family Court judge has said he cannot compel a mother to disclose the identity of a toddler’s birth father, even though he should have been told of the child’s existence before adoption proceedings are completed.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

Reopening findings of fact: fairness of hearing – Local Government Lawyer

Posted February 17th, 2023 in adoption, care orders, child cruelty, child neglect, children, families, local government, news by tracey

‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’

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Local Government Lawyer, 17th February 2023

Source: www.localgovernmentlawyer.co.uk

Ministry of Justice widens scope of legal aid to cover looked-after children with SEN – Local Government Lawyer

‘The Ministry of Justice has changed the law so that foster parents and approved prospective adopted parents bringing SEND appeals on behalf of a looked-after child will “not be means assessed”.’

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Local Government Lawyer, 14th February 2023

Source: www.localgovernmentlawyer.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

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

Tony Hudgell’s adoptive mother ‘over the moon’ that his abuser may stay in jail – The Independent

‘The adoptive mother of Tony Hudgell, a little boy who was tortured by his parents, has said she is “over the moon” that his birth mother may not be released from jail this week as planned.’

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The Independent, 11th August 2022

Source: www.independent.co.uk

Key information about adopting mother not shared before baby’s murder, report finds – The Guardian

‘Information about drinking, debts and mental health that could have prevented a baby boy being placed with an adopting mother who went on to murder him was not shared between agencies, an investigation has concluded.’

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The Guardian, 28th July 2022

Source: www.theguardian.com

Forced adoptions: Call for government apology to mothers – BBC News

Posted July 15th, 2022 in adoption, children, families, human rights, inquiries, news, select committees, women by tracey

‘Hundreds of thousands of unmarried women who were forced to give up their babies for adoption should receive a government apology, a report has said.’

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BBC News, 15th July 2022

Source: www.bbc.co.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Woman convicted of murdering baby she wanted to adopt – The Guardian

‘A former care worker who used physical force and lost her temper with a baby boy she was in the process of adopting has been found guilty of murder.’

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The Guardian, 17th May 2022

Source: www.theguardian.com

Herefordshire Council social services separated twins despite expert warnings – BBC News

‘Twins were wrongly split up for adoption after social workers altered an expert report warning of the harm of separation.’

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BBC News, 16th May 2022

Source: www.bbc.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