SAFDA MAHMOOD, Senior
This article explores the
impact on both public children law and adoption procedures brought about by the
recently implemented Children and Families Act 2014.
Many of the changes have been brought about
as a result of the recommendations provided by the Family Justice Review
and the Government response to these.
There is an exploration of the changes surrounding instructing experts,
with the introduction of s 13 of the Children and Families Act 2014, and in
particular, the changes to s 38(6) of the Children Act 1989. Changes brought about as to length of interim
orders, duration of public law proceedings and the scrutiny of car plans are
The article also looks at other developments, such as the changes
brought about to Part 4 proceedings by the revised public law outline (PD12A)
There is also consideration of the key changes to adoption processes, with a
particular focus on the concept of ‘fostering for adoption’, brought about by Part
1, Paragraph 2 of the Children and Families Act 2014, so as to amend s 22C of the Children Act 1989 in so far as it applies to England.
There is also consideration of the repeal of s 1(5) of the Adoption and Children Act 2002 in England, which requires an Adoption
Agency to give due consideration to a child’s religious persuasion, racial
origin and cultural and linguistic background when placing the child for
Aspects surrounding the recruitment of people as prospective
adopters, their assessment as to suitability to adopt, and the approval of them
as suitable to adopt a child are considered, as well as the new provisions
relating to post- adoption contact under new s 51A of the Adoption and Children
The full version of this article appears in the August 2014 issue of Family Law