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Family Law

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Court of Protection Practice and Procedure Conference 2016

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25 JUL 2011

LOCAL AUTHORITY/ ADOPTION: Coventry City Council v O [2011] EWCA Civ 729

(Court of Appeal; Lord Neuberger MR, Lord Wilson and Dame Janet Smith; 22 June 2011)

When foster parents who have been caring for a child wish to adopt him and prevent his removal by the local authority to other potential adopters the court has jurisdiction to make an injunction and must apply public law principles in deciding whether so to order. Here the judge should not have made the injunction. A child is ‘placed' with adopters when he begins to live with them, or in the case of foster parents, when the adoption agency formally allows him to continue living with them in their fresh capacity as adopters.

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