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Family Law

The leading authority on all aspects of family law

01 OCT 2012

ADOPTION:Re I (Adoption: Appeal: Special Guardianship) [2012] EWCA Civ 1217

(Court of Appeal, McFarlane LJ, 24 July 2012)

The 4-year-old child had been born prematurely with health problems and had lived with foster carers since birth. The local authority sought to make it a long-term placement. The father and paternal grandmother wished to be considered as potential long-term carers but both were ruled out and permission to appeal was refused. The local authority was granted a placement for adoption order but the judge failed to consider the issue of ongoing contact with the father and paternal grandmother which had already been agreed by the local authority.

The father and paternal grandmother sought permission to appeal to the Court of Appeal on the grounds that there had been an interference with their rights under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. Permission to appeal was granted on the basis that the judge failed to give adequate consideration to whether a special guardianship order would have been more appropriate as opposed to adoption.

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