Source: All England Reporter
Publisher Citation: [2011] All ER (D) 01 (Jun)
Neutral Citation: [2011] EWHC 1127 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Charles J
Representation Ramby de Mello and Gina Allwood for the claimants.
  Hilton Harrup-Griffiths for the authority.
  Samantha Broadfoot for the interested party, the Secretary of State for Education.
Judgment Dates: 27 May 2011

Catchwords

Adoption - Care and possession before adoption - Continuous care and possession for 17 months - Independent social worker conducting assessment of placement - Authority subsequently delivering notice that claimants to return child to care of authority - Whether domestic legislation incompatible with European legislation - Whether procedural and substantive parts of claimants' and child's convention rights violated - s 3 - s 35(2) - Adoption Agencies Regulations 2005, - European Convention on Human Rights, arts 6, 8.

The Case

Adoption Care and possession before adoption. The Administrative Court found that where the local authority had served on the claimants a notice pursuant to s35(2) of the Adoption Act 2002 seeking the return of a child to the care of the authority, the claimants had not had a full and informed opportunity to address the reasons why the authority had decided to give the notice and the authority had failed to act fairly and had acted in breach of the procedural requirements of art8 of the European Convention on Human Rights.

Practice Areas

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