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20 September 2013
Issue: 7577 / Categories: Legal News
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Munby slates "sloppy practice" in adoption

President of Family Division concerned about recurrent inadequacy of analysis & reasoning put forward in support of the case for adoption

The President of the Family Division has voiced concern about the “recurrent inadequacy” of reasoning by social services and family judges in adoption cases where the birth parents do not consent.

Dismissing the mother’s appeal in Re B-S (Children) [2013] EWCA Civ 1146, Sir James Munby said: “We have real concerns, shared by other judges, about the recurrent inadequacy of the analysis and reasoning put forward in support of the case for adoption, both in the materials put before the court by local authorities and guardians and also in too many judgments. 

“This is nothing new. But it is time to call a halt.” 

Sir James said senior family judges in the Court of Appeal had expressed concern about this in four separate cases in the last ten days of July.

He said it was time to spell out what was required by good practice, the Adoption and Children Act 2002 and the European Convention on Human Rights.

There must be “proper evidence” from the local authority and the guardian, addressing all the options “realistically possible”, pointing out the arguments for and against each, and providing “a fully reasoned recommendation”, he said.  

Too often there was “sloppy practice”, with little or no evidence given about the merits or otherwise of an adoptive placement, and this was “simply unacceptable”, Sir James said. It was also “essential” that there be “an adequately reasoned judgment by the judge”.

If the court did not have evidence and was not fully equipped to deal with the issues then it must call an adjournment – even if that took it over the upcoming 26-week limit.

“Where the proposal before the court is for non-consensual adoption, the issues are too grave, the stakes for all are too high, for the outcome to be determined by rigorous adherence to an inflexible timetable and justice thereby potentially denied,” he said.

In Re B-S, a five year-old and four year-old had been fostered against the mother’s wishes. The mother appealed, unsuccessfully, on the grounds there had been “an astonishing change in circumstances” since the care and placement order.

 

Issue: 7577 / Categories: Legal News
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Cripps—Radius Law

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Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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