header-logo header-logo

Family Law

03 January 2008
Issue: 7302 / Categories: Case law , Child law , Law digest , Family
printer mail-detail

Re C (A Child)(Adoption: Local Authority’s Duty) [2007] EWCA Civ 1206, [2007] All ER (D) 368 (Nov)

 

When a decision has to be made about the long-term care of a child, whom a mother wishes to make enquiries which it is not in the interests of the child to make. Enquiries are not in the interests of the child simply because they will pro­vide more informa­tion about the child’s background: they must genuinely further the prospect of finding a long-term carer for the child without delay.

 

Section 1 of the Adoption and Children Act 2002 does not estab­lish any preference for any particular result or prescribe any particular conclusion. It does not express a preference for following the wishes of the birth family or placing a child with the child’s birth family, though this will often be in the best interests of the child. In some cases, the birth tie will be very important, especially where the child is of an age to understand what is happening or where there are ethnic or cultural or religious reasons for keeping the child in the birth family.

 

Where a child has never lived with the birth fam­ily, and is too young to understand what is going on, that argument must be weaker. In such a case, it is (absent any application by any member of the family, which succeeds) overtaken by the need to find the child a permanent home as soon as that can be done.

Issue: 7302 / Categories: Case law , Child law , Law digest , Family
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll