Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
editor@familylaw.co.uk.
View from the Foot of the Tower: Three important adoption decisions
© Copyright LexisNexis 2024. All rights reserved.
The Court of Appeal are still working their way through the backlog of appeals that were generated after the decision in
Re B-S and the flurry of successful appeals that followed (combined with the test for appeals being lowered from 'plainly wrong' to 'wrong'). Some of those appeals have been on the specific point of 'nothing else will do' and probing the boundaries of how literally those words are to be taken or indeed whether they amount to a test at all.
Three decisions have appeared in the last few weeks and are important in establishing how far if at all appeals based on a failure of the Court to really establish that 'nothing else will do' can be pursued.
All three are really grappling with whether 'nothing else will do' bites (and if so how hard) on an issue where the choice is between foster care and adoption. Specifically if foster care is an option in the case (and it always is) to what extent does it have to be ‘ruled out’ in order to show that nothing else but adoption will do? All underlining...
Read the full article here.
