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Law digests: 13 September 2024

13 September 2024
Issue: 8085 / Categories: Case law , In Court , Law digest
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Adoption

Re M (a child) [2024] EWCA Civ 1000, [2024] All ER (D) 55 (Aug)

The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the order of the previous judge who had refused the local authority’s (LA) application for a placement order in respect of a four-year-old child, ‘M’. The judge said he considered of the fact that M as a child in care could have been stigmatised and at increased risk of breakdown of long-term fostering placements. However, the fact that there was such a close bond between mother and daughter, it would have helped to make the foster placement stronger, and less likely to break down. The LA advanced three grounds of appeal and argued that the judge: (i) erred in peremptorily dismissing adoption as a realistic option for M; (ii) failed to sufficiently evaluate the realistic options; and (iii) his reasons were inadequate. The court held that it was difficult to comprehend how the judge so unhesitatingly reached the decision he did. The judgment lacked a rigorous

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Hugh James—Phil Edwards

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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