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

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

‘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

‘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

‘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

‘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

‘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

‘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

‘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