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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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CARE: EH v Greenwich and AA [2010] EWCA Civ 344
Date:15 APR 2010

(Court of Appeal; Smith and Wall LJJ and Baron J; 9 April 2010)

An adoption placement order made in respect of children on the basis that although the mother had some good qualities, she had lied about an ongoing relationship with the father.

The appeal was allowed. The judge was entitled to find that the mother had lied about seeing the father once in a shopping centre, but should then have considered why she had lied. The Local Authority had closed its mind to the possibility of the children returning to mother and had not provided any support to help her deal with her separation from the father. The Authority had failed to refer to the welfare checklist or the mother's/children's human rights. When a care plan leads to an adoption a full expression of terms of Art 8 must be explicit in the judgment and 'good reason' was not sufficient grounds.