Case Law and Legal Summaries
Case Law and Legal Summaries: monthly overview and analysis of selected public law cases, highlighting implications and recommendations for practice.
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- Case 1 reviews the evidence and law in a case where sibling placement is a consideration. The case involves a child whose full sibling of similar age is already living with an adoptive family. The judge considered whether the existence of a possible placement with the adopters makes adoption the right outcome, despite the positive assessment and viable option of a placement within the extended family.
- The second case deals with the issue of a change of circumstances in a birth mother’s life and whether these changes are sufficient to meet the leave to oppose the adoption order test. The case highlights that changes in circumstances must relate to the central concerns at the time of the care proceedings.
- The third summary reviews a case which has received some attention. It highlights the importance of supporting parents with learning disabilities and summarises the main learning for local authorities from this case. The judgment encourages local authorities to review practices and procedures in light of the ‘Good practice guidance on working with parents with a learning disability’; provide proper training for professionals working with parents; and provide assessments, training and support that are timely, reviewed and tailored to the needs of a parent/parents with a learning disability.