Archive for the 'adoption' Category

Catholic adoption charity appeal dismissed – The Independent

“A Catholic adoption agency has been told it cannot discriminate against gay couples in the latest outcome of an ongoing legal battle that has pitted the rights of same sex parents against religious groups who want to opt-out of anti-discrimination legislation.”

Full story

The Independent, 26th April 2011

Source: www.independent.co.uk

Mother who hid baby from husband loses fight to keep her secret – Daily Telegraph

“A mother who kept her baby a secret from her husband has been told she can not have the boy adopted after judges refused to back ‘a great lie’.”

Full story

Daily Telegraph, 18th March 2011

Source: www.telegraph.co.uk

Ombudsman could investigate child ‘snatching’ by courts – Daily Telegraph

“An independent Ombudsman could be appointed to investigate cases in which social workers and the courts are accused of taking children from their homes without justification.”

Full story

Daily Telegraph, 6th March 2011

Source: www.telegraph.co.uk

U-turn on mixed-race adoption ban – The Independent

“New guidance will tell social workers that they should allow white couples to adopt black and ethnic minority children, it was revealed today.”

Full story

The Independent, 19th February 2011

Source: www.independent.co.uk

Sex offenders including paedophiles should be allowed to adopt, Theresa May told – Daily Telegraph

“Helen Reece, a reader in law at the London School of Economics, called on Theresa May, the Home Secretary, to relax rules which automatically ban sex offenders from caring for children, saying that this could breach their human rights.”

Full story

Daily Telegraph, 15th December 2010

Source: www.telegraph.co.uk

Let sex offenders adopt and work with children, says report – The Guardian

“The government could face legal action if it continues to ban sex offenders from working with children, according to new research published today.”

Full story

The Guardian, 30th November 2010

Source: www.guardian.co.uk

Adoption doctor loses religious bias claim – The Independent

“A Christian paediatrician who was dismissed from an adoption panel over her belief that children should not be placed with same-sex couples today lost her claim for religious discrimination.”

Full story

The Independent, 16th November 2010

Source: www.independent.co.uk

Doctor asks Europe to rule on gay adoptions – Daily Telegraph

“A paediatrician who claims she was driven out of her job because of her Christian views will today start a legal battle over what rights doctors have to intervene in homosexual adoptions.”

Full story

Daily Telegraph, 15th November 2010

Source: www.telegraph.co.uk

White couples ‘will be able to adopt black children more easily’ – Daily Telegraph

“White couples will be able to adopt black and Asian children more easily under Government plans, it has been disclosed.”

Full story

Daily Telegraph, 2nd November 2010

Source: www.telegraph.co.uk

Rape victim not allowed to know truth about adopted child – Daily Telegraph

“A rape victim who gave her baby away 20 years ago because she could not be sure if the child was her husband’s cannot now find out the truth because of adoption rules, a court has heard.”

Full story

Daily Telegraph, 20th October 2010

Source: www.telegraph.co.uk

Catholic charity’s appeal over gay adoption fails – BBC News

“A Roman Catholic adoption charity’s appeal to be allowed to discriminate against gay people wanting it to place children with them has been rejected.”

Full story

BBC News, 19th August 2010

Source: www.bbc.co.uk

Equality Bill could be amended by Lords to benefit Catholic adoption agencies – Daily Telegraph

“Roman Catholic adoption agencies could be allowed to act in accordance with their religious beliefs once more, under a move to be proposed in the House of Lords.”

Full story

Daily Telegraph, 23rd March 2010

Source: www.telegraph.co.uk

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) – WLR Daily

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) [2010] EWHC 520 (Ch); [2010] WLR (D)

“A Roman Catholic adoption agency was entitled to rely on reg 18 of the Equality Act (Sexual Orientation) Regulations 2007 which afforded to charities generally an exemption from the prohibition of discrimination on grounds of sexual orientation. Accordingly, it was not unlawful for the agency to refuse to provide its services to same-sex couples.”

WLR Daily, 18th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Catholic charities breaking law on homosexual adoption – Daily Telegraph

“Catholic charities who discriminate against homosexual couples who want to adopt children are breaking the law, the Charity Tribunal has ruled.”

Full story

Daily Telegraph, 3rd June 2009

Source: www.telegraph.co.uk

Court takes child of ‘stupid’ mother – The Times

“When Rachel celebrated her daughter’s third birthday three weeks ago the little girl was a picture of happiness. Yet for her mother it was a bittersweet occasion.”

Full story

The Times, 31st May 2009

Source: www.timesonline.co.uk

In re A (Child: Overseas adoption) – Times Law Reports

In re A (Child: Overseas adoption)

Court of Appeal

“In the context of an overseas adoption, a child’s home with prospective adopters during the period of ten weeks immediately prior to the making of an order for parental responsibility was not required to be in the United Kingdom.”

The Times, 3rd April 2009

Source: www.timesonline.co.uk

The ethics of keeping a child from its parents – BBC News

“A child is removed after its parents are accused of abuse. The child is adopted and settles with a new family. If the parents are then cleared, should the child be returned, ask ethicists Rebecca Roache and Barbro Bjorkman.”

Full story

BBC News, 16th February 2009

Source: www.bbc.co.uk

Smacking row family win right to adopt – Daily Telegraph

“A family has won the right to adopt a girl after they were banned when the father smacked a child for swearing.”

Full story

Daily Telegraph, 11th February 2009

Source: www.telegraph.co.uk

Abuse case couple lose fight to get children back – The Independent

“A couple whose children were taken from them and adopted cannot have them back, even though they ‘may be right’ in believing they suffered a miscarriage of justice, three Court of Appeal judges have ruled.”

Full story

The Independent, 12th February 2009

Source: www.independent.co.uk

Haringey London Borough Council v Department of Children, Schools and Families and another – WLR Daily

Haringey London Borough Council v Department of Children, Schools and Families and another; [2009] WLR (D) 38

“S 84(4) of the Adoption and Children Act 2002 did not require that the period of ten weeks referred to in that section be spent in the United Kingdom.”

WLR Daily, 6th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Children and Adoption Act – more flexible approach to resolving disputes in contact cases – Ministry of Justice

“New provisions in the Children and Adoption Act 2006, which come into force today, provide new ways to help the courts find solutions in contact cases where there is conflict between the parents about whom a child should see and how often.”

Full story

Ministry of Justice, 8th December 2008

Source: www.justice.gov.uk

Children and Adoption Act 2006: child-contact powers ‘could worsen parent wars’ – The Times

“New powers to stop warring parents using contact with their children as a weapon could backfire and inflame fraught family relations, according to judges and lawyers.”

Full story

The Times, 8th December 2008

Source: www.timesonline.co.uk

Couple fight back after children taken into care in ‘terrible miscarriage of justice’ – Daily Telegraph

“A couple who had their three children forcibly adopted after being accused of abuse are the victims of a ‘terrible miscarriage of justice’, a court heard.”

Full story

Daily Telegraph, 4th December 2008

Source: www.telegraph.co.uk

Children and Young Persons Act 2008

Children and Young Persons Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Court win for smack row parents – BBC News

“A couple who told social workers they had the right to smack their adopted son have won the right to a re-hearing in a bid to adopt his sister, aged two.”

Full story

BBC News, 4th November 2008

Source: www.bbc.co.uk

Are judges ‘cautious’ about human rights? – Daily Telegraph

“Law lord says they should boldly go where the European Court of Human Rights fears to tread, even if this will mean unmarried couples in Northern Ireland applying to adopt.”

Full story

Daily Telegraph, 31st October 2008

Source: www.telegraph.co.uk

In re S (a Child: Adoption) – Times Law Reports

In re S (a Child: Adoption)

Court of Appeal

“It was wrong to focus on whether a carer was a ‘potential’ rather than a ‘prospective’ adopter when considering whether to revoke a placement order placing a child for adoption.”

The Times, 27th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re S (A Child) – WLR Daily

In re S (A Child); [2008] WLR (D) 308

“When considering whether to revoke a placement order placing a child for adoption with prospective adopters, it was wrong to focus on whether the carers were ‘potential’ adopters.”

WLR, 8th October 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MJ and Another v Neath Port Talbot County Borough Council – Times Law Report

MJ and Another v Neath Port Talbot County Borough Council

Court of Appeal

“Flaws in an adoption panel’s decision-making process could not be cured by a subsequent hearing in court.”

The Times, 21st August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Haringey London Borough Council v MA – WLR Daily

Haringey London Borough Council v MA [2008] EWHC 1722 (Fam); [2008] WLR (D) 250

“The court could lawfully order the removal of a child from England and Wales pursuant to para 19 of Sch 2 to the Children Act 1989 to enable a local authority to assess whether adoption abroad by prospective adoptive parents would be the most appropriate welfare solution for that child.”

WLR Daily, 24th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re P (Adoption: Unmarried couple) – Times Law Reports

In re P (Adoption: Unmarried couple)

House of Lords

“Regulations governing the adoption of children in Northern Ireland which prevented the consideration of an unmarried couple as potential adoptive parents were in breach of the couple’s rights to a family life, under article 8 of the European Convention on Human Rights and article 14, prohibiting discrimination.”

The Times, 23rd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re P (Adoption: Unmarried couple) – WLR Daily

In re P (Adoption: Unmarried couple) [2008] UKHL 38; [2008] WLR (D) 198

Arts 14 and 15 of the Adoption (Northern Ireland) Order 1987, which prevented an unmarried couple from being considered as potential adoptive parents, were incompatible with the couple’s rights under articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 19th June 2008

Source: www.lawereports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SB v X County Council – Times Law Report

SB v X County Council

Court of Appeal

“In contentious adoption cases, where the court was dispensing with parental consent, the question of any contact between the children and their family members was for the court and not the local authority to resolve.”

The Times, 29th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

S-H v Kingston upon Hull City Council and Another – Times Law Reports

S-H v Kingston upon Hull City Council and Another

Court of Appeal

“In order to decide whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the correct test to be applied by the court was whether, in all the circumstances, including the parents’ prospects of securing revocation and the child’s interests, leave should be given.”

The Times, 28th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

SB v A County Council – WLR Daily

SB v A County Council [2008] EWCA Civ 535; [2008] WLR (D) 160

A judge considering dispensing with parental consent to adoption had to focus on the child’s welfare ‘throughout his life’, to emphasise that adoption, unlike other forms of order, was something with lifelong implications.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

S-H v Kingston upon Hull City Council and another – WLR Daily

S-H v Kingston upon Hull City Council and another [2008] EWCA Civ 493; [2008] WLR (D) 154

“When deciding whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the court should ask itself the question whether, in all the circumstances, including the parent’s prospect of success in securing revocation and the child’s interests, leave should be given.”

WLR Daily, 16th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

C v East Sussex County Council (Adoption) – Times Law Reports

C v East Sussex County Council (Adoption)

Court of Appeal

“While Parliament had given social workers wide powers, which they must not abuse, they had to remember that the court was the ultimate arbiter of what was in the best interests of a child.”

The Times, 9th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.

Judges condemn ‘foul play’ on adoptions – The Times

“Two senior judges have strongly criticised a local authority that forced through the adoption of a baby girl against the wishes of her father.”

Full story

The Times, 2nd May 2008

Source: www.timesonline.co.uk

Man jailed for helping wife flee social services – Daily Telegraph

“A father has been jailed for helping his pregnant wife flee abroad because she was terrified that social services would take her baby.”

Full story

Daily Telegraph, 8th February 2008

Source: www.telegraph.co.uk

Public law family fees – Ministry of Justice

“A consultation on the government’s strategy for developing the fees system in the civil and family courts of England and Wales. The consultation sets out proposals to:

  • make changes to court fees in relation to Public Law Children Act process
  • make changes to fees charged for Adoption proceedings.”

Public Law Family Fees Consultation Paper (PDF)

Questionnaire (Word)

Ministry of Justice, 19th December 2007

Source: www.justice.gov.uk

In re C (A child)(Adoption: Local authority duty) – Times Law Reports

In re C (A child)(Adoption: Local authority duty)

Court of Appeal

“There was no duty on a local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care where mother wished to place the child for adoption.”

The Times, 5th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available on Times Online for 21 days from the date of publication. 

Surrogacy loophole that let 20 babies be taken abroad – The Guardian

“Twenty babies born to British surrogate mothers have been taken abroad unlawfully by the foreign couples who commissioned them because of an oversight by British courts, it emerged yesterday.”

Full story

The Guardian, 5th December 2007

Source: www.guardian.co.uk

In re C (A Child)(Adoption: Local Authority’s Duty) – WLR Daily

 In re C (A Child)(Adoption: Local Authority’s Duty) [2007] EWCA Civ 1206

“S 1 of the Adoption and Children Act 2002 did not impose a duty on the local authority to make inquiries of a child’s extended family or father about the possibility of their providing long-term care in circumstances where the child had been conceived as a result of a fleeting relationship and the mother wished to place the child for adoption.”

WLR Daily, 26th November 2007

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mother’s court fight to keep baby secret from father – The Guardian

“A mother’s decision to put a child conceived during a one-night stand up for adoption has turned into a legal dilemma over parental rights and responsibilities.”

Full story

The Guardian, 8th November 2007

Source: www.guardian.co.uk

Gay couple adoption appeal lost – BBC News

“An ex-magistrate who says he was forced to resign because he would not place children for adoption with gay couples has lost his appeal.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

Christian JP refused to rule on gay adoption – The Times

“A Christian magistrate was forced to resign because he refused to place children for adoption with gay couples, an employment appeal tribunal was told yesterday.”

Full story

The Times, 23rd October 2007

Source: www.timesonline.co.uk

Magistrate in gay adoption row to appeal – Daily Telegraph

“A Christian magistrate who claims that he had to quit the bench because he objects to adoption by gay couples is taking the Government to court today.”

Full story

Daily Telegraph, 22nd October 2007

Source: www.telegraph.co.uk

Couple make new attempt to win back ‘miracle’ boy – The Guardian

“One of the longest child custody cases in British legal history is to return to the high court as an infertile African couple make a new attempt to recover the child they claim as their ‘miracle’ baby.”

Full story

The Guardian, 15th September 2007

Source: www.guardian.co.uk

Children taken from parents and adopted ‘to meet ministry targets’ – The Times

“Record numbers of young children are being taken from their parents and adopted – sometimes unjustly – to meet government targets, it is claimed today.”

Full story

The Times, 24th August 2007

Source: www.timesonline.co.uk  

Baby battle woman can’t claim data protection exemption for YouTube video, warns expert – OUT-LAW.com

“The woman at the centre of a battle with social services over the future of her unborn baby will not be able to claim an exemption from the UK’s Data Protection Act, a legal expert has warned.”

Full story

OUT-LAW.com, 22nd August 2007

Source: www.out-law.com

YouTube row over social services baby threat – Daily Telegraph

“A heavily pregnant woman is at the centre of an extraordinary legal battle with social workers after she secretly recorded them threatening to take away her newborn baby.”

Full story

Daily Telegraph, 19th August 2007

Source: www.telegraph.co.uk

Courts won’t reveal rulings in adoption cases – Daily Telegraph

“Family courts are refusing to tell mothers why their babies are being taken away and put up for forced adoption.”

Full story

Daily Telegraph, 5th August 2007

Source: www.telegraph.co.uk

BBC must protect privacy of woman in documentary, rules High Court – OUT-LAW.com

“The BBC must obscure the identity of a young woman in a documentary on adoption in order to protect her privacy despite the woman consenting to participate in the programme.”

Full story

OUT-LAW.com, 13th July 2007

Source: www.out-law.com

MP bids to lift secrecy in family courts – The Daily Telegraph

“A legal bid to lift the secrecy surrounding children taken from parents and put up for adoption has been launched by an MP.”

Full story

The Daily Telegraph, 7th July 2007

Source: www.telegraph.co.uk

In re P (A Child)(Adoption proceedings) – Times Law Reports

Two-stage decision process for judges 

In re P (A Child) (Adoption proceedings)

Court of Appeal

“Judges hearing applications by parents for leave to defend adoption proceedings after a placement order had been made had to undertake a two-stage process: first, decide whether there had been sufficient change of circumstance; then consider what the welfare of the child required.”

The Times, 29th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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