Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

When separating twins for adoption is in their best interests

Jan 9, 2019, 08:08 AM
Slug :
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : Yes
Prioritise In Trending Articles : Yes
Date : Jan 9, 2019, 08:00 AM
Article ID :

David Bedingfield, barrister at 4 Paper Buildings, discusses how the court came to decide that it was in the best interests of twins to be separated for adoption, following ‘incompetence and serial failings’ by the local authority.

Prospective Adopters for BT and another v County of Herefordshire District Council and others (A Local Authority and others intervening) [2018] EWFC 76

What are the practical implications of this case?
 

This case affirms that judges in care proceedings must determine the best interests of a child at the time of the hearing—the child’s current reality is the starting point. There is no assumption that the child’s birth family is the appropriate placement or in the best interests of the child. There is no ‘right’ that trumps the command in the Children Act 1989 and the Adoption and Children Act 2002 that the welfare of the child is the court’s paramount consideration.

This case also confirms that local authority care plans must set out, with particularity, what will occur in the future. Those care plans must be included in the bundle of documents that will be considered later by social workers, review panels and independent reviewing officers (IRO). The plans may only be changed after a full review by social workers and the IRO. It is likely that expert assessment is required if siblings are to be separated or if children are to be removed from long-term placements against the wishes of the carers.
 

Local authorities must be transparent with regard to all decisions made affecting children in their care and meetings must be minuted. Systems should be set up to ensure there are regular reviews of care plans for children in care. Those care plans must be followed, unless the welfare of the child requires they be changed. If they are changed, reasons must be clearly set out and supported.

Want to access the rest of this story? To read the balance of this article click here (subscription required). This news analysis was first published by LexisPSL Family. To request a free one week trial click here.

 
Categories :
  • Articles
  • News
Tags :
child_mother_hands
Authors
Provider :
Product Bucket : Family Law (General)
Related Articles
Load more comments
Comment by from