placement orders – Current Awareness

Father fails in appeal in childcare case over subsequent diagnosis of autism – Local Government Lawyer

Posted November 19th, 2024 in appeals, autism, care orders, news, placement orders by tracey

‘The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.’

Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

Posted November 1st, 2024 in adoption, appeals, children, families, family courts, local government, news, placement orders, social services by tracey

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

The importance of due diligence in choosing children’s residential placements – Local Government Lawyer

Posted October 23rd, 2024 in children, deprivation of liberty safeguards, families, housing, local government, news, placement orders by tracey

‘Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.’

Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Family Drug and Alcohol Courts generate “significant savings” for local authorities in comparison to standard care proceedings: report – Local Government Lawyer

Posted August 7th, 2024 in alcohol abuse, care orders, children, courts, drug abuse, families, family courts, local government, news, placement orders by sally

‘The Family Drug and Alcohol Court (FDAC) could save local authorities almost £10,000 per case in legal costs compared to standard care proceedings, according to a financial analysis carried out by the Centre for Justice Innovation.’

Local Government Lawyer, 5th August 2024

Source: www.localgovernmentlawyer.co.uk

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

Posted August 5th, 2024 in adoption, appeals, children, families, local government, news, placement orders, time limits by tracey

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

Posted July 29th, 2024 in disabled persons, families, family courts, local government, news, placement orders, social services by sally

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

Posted June 26th, 2024 in appeals, care orders, children, civil procedure rules, families, family courts, habeas corpus, judges, local government, news, placement orders by sally

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

Posted April 3rd, 2024 in adoption, appeals, care orders, children, families, local government, news, placement orders by tracey

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Judge criticises regular misunderstanding of Lady Hale’s “nothing else will do” adoption comment – Local Government Lawyer

Posted February 15th, 2024 in adoption, care orders, coercive & controlling behaviour, domestic violence, news, placement orders by sally

‘It appears there is a regular misunderstanding or misapplication of the words of Lady Hale in the Supreme Court case of Re B that in relation to the test for adoption, “nothing else will do”, a Family Court judge has warned.’

Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge – Local Government Lawyer

Posted January 31st, 2024 in children, hospitals, local government, mental health, news, placement orders by tracey

‘The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.’

Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge gives guidance on use of intermediaries in Family Court – Local Government Lawyer

Posted January 26th, 2024 in care orders, children, delay, disabled persons, domestic violence, families, family courts, local government, mental health, news, placement orders by sally

‘The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.’

Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

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

Posted October 13th, 2023 in children, codes of practice, families, family courts, local government, news, placement orders by tracey

‘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.’

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

Posted September 7th, 2023 in children, deprivation of liberty safeguards, local government, news, placement orders by sally

‘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.’

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

Posted August 25th, 2023 in appeals, case management, chambers articles, children, families, local government, news, placement orders by sally

‘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.’

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.’

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

Posted July 13th, 2023 in appeals, care orders, expert witnesses, mental health, news, placement orders, pregnancy, self-harm by sally

‘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”.’

Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Adequacy of reasons and the approach to clarification – Local Government Lawyer

Posted April 21st, 2023 in adoption, appeals, care orders, children, families, local government, news, placement orders by tracey

‘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.’

Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

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

Posted April 11th, 2023 in children, deprivation of liberty safeguards, detention, family courts, judiciary, news, placement orders by sally

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

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

Posted March 9th, 2023 in adjournment, adoption, family courts, legal representation, news, placement orders by sally

‘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.’

Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

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