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Family Law

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Court of Protection Practice and Procedure Conference 2016

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20 OCT 2011

ADOPTION: DL v London Borough of Newham [2011] EWHC 1890 (Admin)

(Administrative Court; Charles J; 7 September 2011)

A three-year-old child was placed with prospective adopters. Over a year later the authority gave the adopters a s 35(2) notice requiring them to return the child. The Authority had acted in breach of Art 8 procedural rights and common law principle of fairness and had failed to take into account a relevant factor. Without deciding whether there was a breach of substantive rights, the court quashed the decisions and directed the authority to reconsider whether the child should be allowed to return to live with the claimants. The Authority's reconsideration resulted in a decision not to return the child to the claimants.

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